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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II COMPENSATION SCOPE Section 1 Administrative Compensation Section 2 Inspection Compensation CHAPTER III COMPENSATION CLAIMANT AND ORGANIZATION WITH COMPENSATION OBLIGATION CHAPTER IV COMPENSATION PROCEDURES Section 1 Administrative Compensation Procedures Section 2 Inspection Compensation Procedures CHAPTER V COMPENSATION METHODS AND CALCULATION STANDARDS CHAPTER VI COMPENSATION EXPENSES CHAPTER VII LIABILITY INVESTIGATION AND RECOVERY Section 1 Liability Investigation Section 2 Recovery CHAPTER VIII LEGAL LIABILITIES CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to safeguard the legal right of the citizens, legal persons and other organizations to administrative compensation, to promote the customs offices and the functionary thereof to exercise their powers according to law and to ensure the customs offices at various levels to deal with administrative compensation cases in a legal, correct and timely way, these Measures are enacted in accordance with the State Compensation Law of the People's Republic of China (hereinafter referred to State Compensation Law), the Customs Law of the People's Republic of China (hereinafter referred to Customs Law) and the relevant laws and administrative regulations. Article 2. The customs offices at various levels shall be subject to these Measures in handling administrative compensation cases, including the administrative compensation arising from the unlawful exercise of administrative powers, and the inspection compensation arising from the legal inspection over entry and exit goods and articles by the customs offices and the functionary thereof. Article 3. The agencies in charge of legal work in the customs offices shall be the departments in charge of customs administrative compensation, and shall perform the following functions: (1) Accepting applications for administrative compensation; (2) Hearing administrative compensation cases and giving opinions on the compensation; (3) Drafting the decision on administrative compensation and other relevant legal documents; (4) Handling the supplementary administrative compensation cases in administrative reconsideration proceedings, and the cases of reconsideration of administrative compensation; (5) Executing effective legal documents on administrative compensation; (6) Presenting handling opinions on recovery; (7) Responding to administrative compensation litigation; and (8) Handling other matters relating to administrative compensation cases. Article 4. The principles of legality, justice, openness and timeliness shall be observed in the handling of administrative compensation cases, and any mistake shall be corrected. CHAPTER II COMPENSATION SCOPE Section 1 Administrative Compensation Article 5. If any customs office or its functionary commits any of the following illegal exercise of powers and infringes upon the personal right of a citizen, the injured is entitled to get compensation: (1) Illegally detaining a citizen, including: 1. Detaining a citizen who hasn't been suspected of smuggle crimes; 2. Detaining a citizen without the approval of the director of the customs office under direct control of the General Administration of Customs (GAC) or approval of the director of subordinate customs office authorized thereby; 3. The time of detaining exceeds the period fixed by law; and 4. Other illegalities; (2) Illegally taking administrative enforcement measures that restrict the personal freedom of a citizen; (3) Illegally taking into custody a citizen or illegally depriving the personal freedom of a citizen by other means; (4) Causing body injury or death to a citizen by beating or other violent acts or by inciting others to beat or conduct other violent acts to the citizen; (5) Causing body injury or death to a citizen by illegal use of weapons or police weapons; or (6) Causing body injury or death to a citizen by other illegal acts. Article 6. If any customs office or its functionary commits any of the following illegal exercise of powers and infringes upon the property right of a citizen, legal person or other organization, the injured is entitled to get compensation: (1) Illegally imposing fines, confiscating goods, articles, vehicles or other properties, pressing for money equal to the value of the goods, articles and vehicles that can't be confiscated, or suspending or canceling the qualification of an enterprise for undertaking relevant customs business etc; (2) Illegally taking administrative enforcement measures such as detaining or sealing up the production equipment, goods, articles and vehicles; (3) Illegally collecting security bond, risk bond, collateral or pledge; (4) Illegally collecting overdue penalties and supervision charges; (5) Illegally taking tax enforcement measures and tax preservative measures; (6) Using the detained goods, articles, vehicles or other properties without authorization and causing losses; (7) Failing to perform the duties of keeping the detained goods, articles, vehicles or other properties; being seriously irresponsible and causing damages or losses to the properties, except that the properties have been handed over to the relevant entities for keeping; (8) Illegally refusing the requests for customs clearance or verification, delaying the supervision, willfully creating difficulties or failing to perform other statutory obligations, and thus causing property losses to the citizen, legal person or other organization; (9) Failing to auction the properties that should be auctioned, or handling the properties in other illegal ways, and thus causing direct losses; or (10) Other illegal acts that cause property damages. Article 7. In any of the following situations, the customs is not liable for administrative compensation: (1) Individual act of a customs functionary that is not in connection with the exercise of powers; (2) Damages resulted from the acts of the citizen, legal person or other organization; (3) Damages caused by force majeure; or (4) Other situations provided for by law. Where the losses are expanded due to the fault of the citizen, legal person or other organization, the customs office will not be liable for compensation for the expanded part. Section 2 Inspection Compensation Article 8. According to Article 94 of the Customs Law, if a customs office, when inspecting the entry and exit goods and articles pursuant to law, damages the goods or articles inspected, it shall compensate for the actual losses of the party concerned. Article 9. A customs office will not be liable for compensation in any of the following situations: (1) Any situation specified in Article 7 of these Measures; (2) Losses resulted from improper moving, opening, repackaging or keeping by the party concerned or the person commissioned thereby; (3) Deterioration or invalidation of goods and articles, which are perishable and liable to lose effect, within the time needed for normal customs procedures (including the period of keeping for the party), in case the party concerned hasn't made any declaration to the customs office or such deterioration or invalidation is inevitable though the customs office has taken appropriate measures; (4) Wearing and other losses inevitable in normal customs inspection; (5) Damages occurring before or after the customs inspection; or (6) Samples collected by the customs office for the purpose of test or evidence. CHAPTER III COMPENSATION CLAIMANT AND ORGANIZATION WITH COMPENSATION OBLIGATION Article 10. The injured citizen, legal person or other organization has the right to claim for compensation. If the injured citizen dies, his/her inheritor(s) and other relative(s) with support relations, as well as the person(s) without work capacity supported by the injured, shall have the right to claim for compensation. If the injured legal person or other organization is terminated, the legal person or other organization that inherits its rights shall have the right to claim for compensation. Article 11. Where the compensation claimant is a person of no capacity for civil conduct or a person with limited capacity for civil conduct, his/her legal or appointed agent shall claim compensation on his/her behalf. Article 12. Where a customs office or its functionary illegally exercises the administrative powers and infringes upon the legitimate rights and interests of the citizen, legal person or other organization, that customs office shall be the organization with compensation obligation. Where two or more customs offices, in joint exercise of administrative powers, infringe upon the legitimate rights and interests of the citizen, legal person or other organization, the customs offices jointly exercising the administrative powers shall be the organizations of joint compensation obligation. Where the attached agency set up by a customs office, in exercise of the administrative powers, infringes upon the legitimate rights and interests of the citizen, legal person or other organization and causes losses, the customs office that set up the attached agency shall be the organization with compensation obligation. Where the organization or individual entrusted by a customs office infringes upon the legitimate rights and interests of the citizen, legal person or other organization and causes losses when exercising the entrusted administrative powers, the customs office that made the entrustment shall be the organization with compensation obligation. Article 13. Where a customs office, inspecting the entry and exit goods and articles, damages the goods or articles inspected, the customs office making the inspection shall be the organization with compensation obligation. Article 14. Where an organization with compensation obligation has been cancelled, the customs office that successively exercises its powers shall be the organization with compensation obligation; in absence of such a customs office, the customs offices at the next higher level shall be the organization with compensation obligation. Article 15. In case of reconsideration by an administrative reconsideration body, the customs office that committed the infringement initially shall be the organization with compensation obligation, however, if the reconsideration decision made by the reconsideration body aggravates the losses, the reconsideration body shall be obliged to compensate for the aggravated part. CHAPTER IV COMPENSATION PROCEDURES Section 1 Administrative Compensation Procedures Article 16. Where an organization with compensation obligation, in any of the situations specified in Articles 5 and 6 of these Measures confirmed pursuant to law, infringes upon the legitimate rights and interests of the citizen, legal person or other organization, it shall compensate the injured party. Article 17. A compensation claimant shall, when claiming for administrative compensation, first file the claim with the organization with compensation organization, or file the claim together with the application for administrative reconsideration or with the administrative action. A compensation claimant may file the claim with any organization with compensation obligation from the organizations with joint compensation obligation, and that organization shall make the compensation first. A compensation claimant may raise several compensation requests at the same time according to the different damages it suffered. Article 18. A compensation claimant shall submit an application form when claiming for compensation, which shall include the following information: (1) Name, gender, age, employer and domicile of the compensation claimant, where the claimant is a legal person or other organization, the name and domicile of the legal person or other organization, and the name and position of the legal representative or the major principal thereof shall be stated; (2) Specific claims, factual grounds and reasons; and (3) The year, month and date of the application. Where the compensation claimant really has difficulty in writing the application, he/she may entrust others to write for him/her; either may the claimant make an oral application. In case of an oral application, the organization with compensation obligation shall make the Record of Oral Application for Administrative Compensation, and give that record to the claimant on the spot for signature and confirmation. Article 19. Where a compensation claimant entrusts any agent to participate in the handling of compensation case, the claimant shall issue to the customs office a trust deed, which shall indicate the following information: (1) Name of the trustor (name of the legal person or other organization, name and position of the legal representative thereof), name, gender, age, vocation, address and post code of the agent; (2) The agent's authorities to file, alter and withdraw the claim, to submit evidence, and to accept legal documents; (3) The period when the agent participates in the handling of the compensation case; and (4) Date of entrustment, as well as the signatures and stamps of the trustor and agent. Article 20. Any other citizen, legal person or other organization that has interest relations with the outcome of a compensation case may participate in the handling of that case as the third party. Where a party applies for participating in the handling of a compensation case as a third party, the application shall be filed in written form, and that party shall bear the burden of proof to prove that it has interest relations with the outcome of the compensation case. The organization with compensation obligation may also notify a third party to participate if it deems necessary. Where a third party participates in the handling of a compensation case, the organization with compensation obligation shall make the Notification to the Third Party to Participate in the Handling of Administrative Compensation Case, which shall be served to the third party and the compensation claimant. Article 21. A compensation claimant shall, when claiming for compensation, provide the corresponding evidence that meets the conditions for acceptance. Where a compensation claimant specified in Paragraph 2 of Article 10 of these Measures claims for compensation, it shall also provide the certification of the citizen's death, as well as the certification of the relationship between that compensation claimant and the dead citizen; where a compensation claimant specified in Paragraph 3 of Article 10 of these Measures claims for compensation, it shall also provide the certification of the termination of the original legal person or other organization, as well as the certification of its heritage of the rights therefrom. Article 22. An organization with compensation obligation shall, after receiving the application for compensation, make an examination within 5 workdays and deal with the case in the following ways respectively: (1) If the application fails to meet the provisions of these Measures and is in any of the following situations, the organization with compensation obligation shall decide to reject it, make the Decision of Rejection of the Application for Administrative Compensation and serve it to the compensation claimant; 1. The compensation claimant is not the citizen, legal person or other organization that has the right to claim compensation provided for by Article 10 of these Measures; 2. The case doesn't fall within the scope of administrative compensation specified in Articles 5 and 6 of these Measures; 3. The claim exceeds the statutory time limit, and it is not any of the situations specified in Paragraph 2 of Article 61 of these Measures. 4. The claimant has applied for reconsideration with the reconsideration body or has brought an administrative action with the people's court, and the reconsideration body or people's court has accepted the case; or 5. The claim is filed by the reason that the administrative regulations or the provisions and decisions with general binding force enacted and promulgated by the customs office have infringed upon the legitimate rights and interests of the claimant; (2) With respect to a claim against the specific administrative act which hasn't been determined as illegal pursuant to law, if that administrative act is still within the statutory period of reconsideration or litigation, the applicant shall be notified in written form of the right to file for administrative reconsideration with the customs office at the next higher level or to file an administrative action with the people's court, and to file the claim for compensation at the same time; where the applicant, upon notification, requests the organization with compensation obligation to directly confirm the illegality of the infringing act and to make the decision on compensation, the organization shall accept the request. If the specific administrative act has exceeded the statutory time limit for reconsideration or litigation, the case shall be dealt with as an appeal, and the party concerned shall be notified by written form that compensation may be claimed against the original administrative act which has been confirmed as illegal after the appeal; (3) Where the materials are incomplete, the compensation claimant shall be notified by written form to supplement the materials within the examination period; (4) Where the application meets the provisions of these Measures but the customs office is not the organization with compensation obligation, the applicant shall be notified by written form to file the claim with the organization with compensation obligation within the examination period; (5) With respect to the compensation application that meets the relevant provisions of these Measures and falls within the scope of acceptance of the customs office, the customs office shall decide to accept that application, make the Decision of Acceptance of the Application for Administrative Compensation, and serve it to the compensation claimant. Where an application is accepted upon decision, the day on which the department in charge of compensation receives the application shall be the day of acceptance; where the application is accepted after the compensation claimant supplements the materials, the day on which the department in charge of compensation receives the materials supplemented shall be the day of acceptance. Article 23. Where two or more compensation claimants file applications for compensation against the same administrative act of an organization with compensation obligation, the organization with compensation obligation may try such cases as one case, and the date of receipt of the latest application shall be the date of formal acceptance. Article 24. Where an organization with compensation obligation rejects, without justified reasons, any application for compensation legally filed by a compensation claimant, the customs office at the next higher level shall order that organization to accept the application, and shall make the Notification on Ordering Acceptance of the Application for Administrative Compensation. Article 25. The method of examination by record shall be employed in the trial of compensation cases. Upon the request of the compensation claimant or if the department in charge of compensation regards it necessary, it may make an investigation with the relevant organizations and persons, and hear the opinions of the compensation claimant and the third party. Article 26. The collegial system shall be applied in the trial of compensation cases. The Measures of the People's Republic of China for the Implementation of the Administrative Reconsideration Law by the Customs and the relevant provisions on application of the collegial system by the customs in the trial of administrative reconsideration cases shall be referred to for the application of collegial system. Article 27. Where any collegial person has interest relations with the compensation case or has other relations that may affect the just trial of the case, that person shall withdraw from the case. A collegial person involved in the situation mentioned in the preceding paragraph shall apply for withdrawal, or the compensation claimant, the third party and the agents thereof shall also have the right to apply for the withdrawal of that collegial person. The withdrawal of a collegial person of the organization with compensation obligation shall be decided by the principal of the department in charge of compensation, and the withdrawal of the principal of the department in charge of compensation shall be decided by the principal of the organization with compensation obligation. Article 28. Where a compensation claimant claims for administrative compensation against the organization with compensation obligation, if the act of exercise of power of the customs office or its functionary has been confirmed as illegal or legal pursuant to law, the organization with compensation obligation shall make the decision to compensate or not compensate according to the confirmed result pursuant to law. If no confirmation has been made pursuant to law, the organization with compensation obligation shall first confirm whether the act of exercise of power by the customs office or its functionary is illegal, and then make the decision on whether to make the compensation or not pursuant to law. Article 29. Where there are the following effective legal documents or certifications, it shall be regarded that the act of exercise of power by the customs and its functionary against which the compensation is claimed for has been confirmed as illegal pursuant to law: (1) Documents of the organization with compensation obligation on determining the act of exercise of power by the customs office and its functionary as illegal; (2) Documents of the organization with compensation obligation on canceling or altering the act of exercise of power by the customs office and its functionary by the reason of illegality; (3) Written reconsideration decision of the reconsideration body on confirming the original specific administrative act as illegal or on canceling or altering the original specific administrative act by the reason of illegality; (4) Other legal documents of the customs office at the higher level on confirming the original specific administrative act as illegal or on canceling or altering the original specific administrative act by the reason of illegality; (5) Administrative judgment or ruling of the people's court on confirming the original specific administrative act as illegal or on canceling or altering the original specific administrative act by the reason of illegality. Article 30. A compensation claimant shall bear the burden of proof for its claims and the fact of property losses and personal injures, and shall provide the corresponding evidence. Article 31. In any of the following events after the organization with compensation obligation accepts the application for compensation and before the decision on compensation is made, the trial of the compensation case shall be terminated, and the Decision on Termination of Administrative Compensation Case shall be made and served to the compensation claimant and the third party: (1) The compensation claimant applies for withdrawal of the application for compensation; (2) It has been found out that the compensation claimant has applied for reconsideration with the reconsideration body or has filed an administrative action with the people's court, and the reconsideration body or the people's court has accepted the case pursuant to law before the application for compensation was accepted; or (3) Other situations in which the case shall be terminated. Article 32. The department in charge of administrative compensation of the customs office shall make an examination over the administrative compensation case and present opinions on the handling. Where those opinions have been consented to by the principal of the organization with compensation obligation or been adopted through discussion by the trial committee of the organization with compensation obligation, a decision shall be made pursuant to the following provisions: (1) The decision not to make any compensation shall be made pursuant to law in any of the following situations: 1. The act of exercise of power by the customs office and its functionary is conducted according to law, and there is no illegality; 2. The act of exercise of power by the customs office and its functionary, though confirmed as illegal pursuant to law, has caused no direct property losses to the citizen, legal person or other organization and no personal injury to the citizen; 3. The act which has been confirmed as illegal has no direct causal relations with the direct property losses suffered by the citizen, legal person or other organization and with the personal injury of the citizen; or 4. Any situation specified in Paragraph 1 of Article 7 of these Measures. (2) The decision to make the compensation shall be made pursuant to law if the act of exercise of power by the customs office and its functionary, which has been confirmed as illegal, has caused direct property losses to the citizen, legal person or other organization and personal injury to the citizen. Where the organization with compensation obligation makes the decision to make the compensation or not pursuant to the aforesaid provisions, it shall produce the Decision to Make Administration Compensation or the Decision not to Make Administrative Compensation, and serve such Decision to the compensation claimant and the third party. Article 33. Where a compensation claimant claims for compensation against organizations with joint compensation obligation, the organization that receives the application for compensation first shall be the organization that handle the compensation case. The handling organization shall, after receiving the application for compensation, serve the duplicates of the application form to the other organizations with compensation obligation, and after reaching a consensus with those organizations, make the decision to make the compensation or not pursuant to law, and produce the written decision. Where it decides to make the compensation, it shall at the same time issue the list of compensation separation. The written decision and the list of compensation separation shall be signed and confirmed by the organizations with joint compensation obligation. Where the organizations with joint compensation obligation can't reach a consensus, they shall report to the customs office at the higher level that are in charge of all of them for decision. Article 34. Where the infringing act has been confirmed as illegal, the organization with compensation obligation may still, under the premise of legality and free will, negotiate with the compensation claimant on the scope, method and amount of the compensation, where an agreement is reached through negotiation, the Agreement on Administrative Compensation shall be produced and be signed and confirmed by both parties. If the compensation claimant claims for compensation again on the ground of the same fact and reason after the compensation agreement has been reached, such a claim shall be rejected. Article 35. An organization with compensation obligation shall, within 2 months from accepting the application for compensation, make the decision to make the compensation or not. However, in any of the situations, the period shall be discontinued, and from the day on which the cause for discontinuity is eliminated, the period for decision making by the organization with compensation obligation shall be calculated again: (1) The compensation claimant dies, and it is needed to wait for his/her inheritor or other relative with supporting relation or the person without work capacity who was supported by the claimant to make clear whether to participate in the handling of the compensation case; (2) The legal person or other organization as the compensation claimant is terminated, and it is needed to wait for determination of the party to inherit its rights and for that party to make clear whether to participate in the handling of compensation case; (3) The compensation claimant loses the capacity to act and the legal or appointed agent thereof hasn't been determined; (4) The compensation claimant is unable to participate in the handling of compensation case due to causes of force majeure; (5) The decision needs to be made based on the decision or conclusion of the judicial body, other administrative body or organization; or (6) Other situations in which the period shall be discontinued. Where the organization with compensation obligation, in violation of the aforesaid provisions, fails to make the decision within the period, the compensation claimant may apply for administrative reconsideration with the customs office at the next higher level within 60 days from the expiry of the period. If the compensation claimant has any objections to the decision of not making the compensation or to the amount and method of the compensation, it may apply for administrative reconsideration with the customs office at the next higher level of the organization with compensation obligation within 60 days from the day of receiving the written decision; either may the compensation claimant file an action with the people's court within 3 months from the day of expiry of the period or receiving the written decision. Article 36. Where an applicant files the claim for compensation when applying for administrative reconsideration, the reconsideration body shall handle the case in accordance with the relevant provisions of the Administrative Reconsideration Law of the People's Republic of China and the Measures of the People's Republic of China for the Implementation of the Administrative Reconsideration Law by the Customs. Where the reconsideration body confirms the original specific administrative act as illegal or legal, it shall make the decision to make the compensation or not together with the administrative reconsideration decision pursuant to the relevant provisions of these Measures. Where the applicant refuses to accept the reconsideration decision, it may file an action with the people's court within 15 days from the day of receiving the reconsideration decision; where the reconsideration body fails to make the decision within the prescribed time limit, the applicant may file an action with the people's court within 15 days from the day of expiry of the period of reconsideration. Article 37. An organization with compensation obligation shall perform the decision on administrative compensation, the agreement on administrative compensation, the administrative reconsideration decision, as well as the effective judgment, ruling or conciliation document. Where the organization with compensation obligation fails to perform or delays the performance without justified reasons, the customs office at the next higher level shall order it to perform within a prescribed time limit. Section 2 Inspection Compensation Procedures Article 38. Where a customs officer, when inspecting the goods and articles, damages the goods and articles, that officer shall faithfully fill out the Report on Damages in Customs Inspection of Goods and Articles of the People's Republic of China (hereinafter referred to Damages Report), which shall be in duplicate, and after the inspection officer and the party concerned sign on the report, one piece shall be given to the party concerned and the other shall be kept by the customs office for reference. Where a customs officer directly makes an opening inspection, re-inspection or collects goods samples, that officer shall do so in conjunction with the relevant keepers of the goods and articles. If any damages are caused to the goods or articles, the inspection officer shall ask the keeper on the scene to sign on the Damages Report as the witness, and shall notify the party concerned in a timely way. Article 39. The customs office making the inspection shall determine the compensation amount within 2 months from the day of the goods or articles under inspection are damaged, and shall fill out the Notification on Customs Compensation for Damages of Goods and Articles (hereinafter referred to Notification) and serve it to the party concerned. Article 40. The party concerned shall, within 3 months from the day of receiving the Notification and on the strengths thereof, draw the compensation with the customs office, and the compensation will not be made any more if the party fails to notify the customs office of the bank account for transfer. Article 41. If the party concerned has any objections to the compensation, it may apply for administrative reconsideration with the customs office at the next higher level of the customs office making the compensation decision within 60 days from the day of receiving the Notification, and if the party refuses to accept the reconsideration decision, it may file an action with the people's court within 15 days from the day of receiving the reconsideration decision; either may it directly file an action with the people's court within 3 months from the day of receiving the Notification. CHAPTER V COMPENSATION METHODS AND CALCULATION STANDARDS Article 42. Where a customs office, in any of the situations specified in Article 6 of these Measures, infringes upon the property right of the citizen, legal person or other organization, it shall make the compensation pursuant to the following provisions: (1) Where it is able to return the property or restore it to the original state, it shall do so; (2) Where damages are caused to the properties, it shall compensate for the cost and expenses needed for repairing, or compensate according to the degree of the damages; (3) Where the properties are lost, it shall compensate on the basis of the local market price at the time of occurrence of the illegal act, if the lost properties are entry goods and articles for which the taxes haven't been paid, it shall compensate on the basis of the tax-paid price determined by the customs pursuant to law; (4) Where the properties have been auctioned or sold, the money obtained from the auction or sale shall be paid; (5) Where losses result from the customs office's improper keeping of the detained properties or failure to auction or sell the properties pursuant to law, the customs office shall compensate for the direct losses; (6) Where additional storage fees and freightage are incurred, the customs office shall compensate for the increased part; (7) Where stop of production and business is caused, the customs office shall compensate for the necessary ordinary expenditures such as the employees' salaries, the taxes, and the water and electricity fees; (8) Where other damages are caused to the properties, the compensation amount shall be determined according to the direct losses. Article 43. In case of infringement upon the personal right of a citizen, the compensation method and amount shall be determined in accordance with the relevant provisions of Chapter 4 of the State Compensation Law. Article 44. Where a customs office, when inspecting the entry and exit goods and articles pursuant to law, damages the goods or articles, it shall, after the damage degree of the goods or articles is determined, determine the compensation amount by taking as the base the tax-paid price determined by the customs. The amount of compensation shall be determined according to the loss degree of the damaged goods or articles or the parts thereof, or according to the repairing expenses, and may be determined on the basis of the appraisal certification issued by the notary agency if necessary. CHAPTER VI COMPENSATION EXPENSES Article 45. Where the properties shall be returned according to the effective decision on compensation or other legal documents, the properties shall be returned pursuant to the following provisions: (1) The properties not yet turned in to the finance shall be returned by the organization with compensation obligation; (2) For the properties already turned in to the finance, the organization with compensation obligation shall report to the department in charge of finance of the GAC level by level, and the GAC shall apply to the state finance department for return of those properties. Article 46. Where the compensation shall be paid, an organization with compensation obligation shall make an advance payment from its fund for smuggle suppressing, and apply for the special fund with the department in charge of finance of the GAC, and the GAC shall apply for allocation of state compensation fund with the state finance department. Article 47. when applying for state compensation fund or applying for return of the properties already turned in to the finance, the following documents or duplications shall be provided according to the practical situations: (1) Application form for compensation of the compensation claimant; (2) Decision on compensation or agreement on compensation produced by the organization with compensation obligation; (3) Reconsideration decision of the reconsideration body; (4) Judgment, ruling or conciliation document of the people's court; (5) Opinions or decision of the organization with compensation obligation to, pursuant to law, impose administrative sanctions on and make recovery from the responsible person with intention or serious fault; (6) Relevant proofs evidencing that the properties have been turned in to the finance; and (7) Other documents or duplicates that the state finance department requires to be provided. Article 48. Where an organization with compensation obligation pays with state compensation fund or returns properties to the compensation claimant, the claimant shall issue a legal receipt or other valid proof, and the duplicate of the receipt or other proof shall be submitted to the state finance department for record. Article 49. With respect to the inspection compensation arising from the damages to the goods and articles under inspection caused by the customs offices in the inspection over entry and exit goods and articles carried out pursuant to law, the compensation shall be paid by the customs offices from their funds for smuggle suppressing. CHAPTER VII LIABILITY INVESTIGATION AND RECOVERY Section 1 Liability Investigation Article 50. With respect to any liable person with intention or serious fault who conducts any of the acts specified in Articles 5 and 6 of these Measures and thus causes state compensation, the relevant department shall impose administrative sanctions on that person pursuant to law. If there are any illegal gains, such gains shall be confiscated. If a crime has been constituted, his criminal liabilities shall be investigated for. Section 2 Recovery Article 51. After an organization with administrative compensation obligation makes the compensation, it shall order the functionary with intention or serious fault or the entrusted organization or individual to bear part or all of the compensation. Article 52. In the recovery against a liable person, the amount to be recovered shall be determined on the basis of his/her liabilities and the degree of the damages caused. The amount to be recovered shall be 1 to 10 times of the basic monthly salary of that person, and shall be adjusted accordingly under special circumstances. Article 53. An organization with compensation obligation shall make the decision of recovery within 2 months from the day of making the decision of compensation or the reconsideration decision, or the day on which the legal document such as the judgment, ruling or conciliation document on administrative compensation comes into effect. Article 54. Where the state compensation fund is allocated by the state finance department, the state compensation recovered by the organization with compensation obligation from the liable person shall be turned in to the state finance department. Article 55. The relevant liable personnel shall have the right to plead against the recovery. CHAPTER VIII LEGAL LIABILITIES Article 56. Where any organization with compensation obligation, in violation of these Measures, rejects an application for compensation without justified reasons, or still rejects the application even it has been ordered to accept it, or fails to make the decision on compensation within the prescribed time limit, the relevant department shall impose administrative sanctions on the directly liable personnel in charge and other directly liable personnel pursuant to law. Article 57. Where any functionary of the organization with compensation obligation seeks private benefits through wrongful ways, or commits other malfeasance or breach of duty when handling the compensation case, the relevant department in charge shall impose administrative sanctions on that functionary. If a crime has been constituted, the criminal liabilities of the functionary shall be investigated. Article 58. Where any organization with compensation obligation fails to perform the decision of compensation or delays the performance without justified reasons, or still fails to perform even it has been ordered to do so within a prescribed time limit, the relevant department shall impose administrative sanctions on the directly liable personnel in charge and other directly liable personnel pursuant to law. Article 59. The legal liabilities of the reconsideration bodies as well as of the functionary thereof in the activities of administrative reconsideration shall be subject to the relevant provisions of the Administrative Reconsideration Law of the People's Republic of China. CHAPTER IX SUPPLEMENTARY PROVISIONS Article 60. Where the injured party's right of reputation or right of honor is damaged, the organization with compensation obligation shall, within the scope affected by the infringing act, eliminate the bad effects for, restore the reputation of and apologize to the injured party. Article 61. The limitation on claim for state compensation by the compensation claimant is 2 years, which shall be calculated starting from the day on which the act of exercise of power by the customs office and its functionary is confirmed as illegal pursuant to law, but the period of custody shall be excluded. Where a compensation claimant is unable to exercise the right to claim due to force majeure or other obstacles within the last 6 months of the limitation on compensation claim, the limitation shall be discontinued. And the limitation shall be calculated again successively from the day on which the causes for discontinuity of limitation are eliminated. Article 62. The organization with compensation obligation and the reconsideration body may not collect any charges from the compensation claimant claiming for compensation. Article 63. Where the customs offices accept applications for administrative compensation, accept applications for reconsideration against the decision on compensation or applications for reconsideration including claims for administrative compensation, make decisions to make the compensation or not or the reconsideration decisions, reach agreements on administrative compensation, decide to make inspection compensation, as well as in case of administrative compensation lawsuits, the customs offices shall report to the department in charge of administrative compensation of the GAC level by level in a timely way, and shall submit the relevant legal documents to that department for record. Article 64. The power to interpret these Measures shall remain with the GAC of the People's Republic of China. Article 65. The customs offices used in these Measures shall include the GAC. Article 66. These Measures shall come into force on May 1, 2003, the Measures of the People's Republic of China for Compensation for the Damages of Goods and Articles Caused in Inspection (No.650 [87] of the GAC), and the Circular of the General Administration of Customs on Transmitting the Circular of the General Office of the State Council on the Implementation of the State Compensation Law of the People's Republic of China (No.57 [1995] of the GAC) shall be repealed at the same time. |
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