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Article 1. In order to rigorously attacking crimes of smuggling, in accordance with the Law of Administrative Penalties of the People's Republic of China, the Foreign Trade Law of the People's Republic of China and the relevant laws and regulations, these regulations are hereby formulated. Article 2. Laws-violating and smuggling enterprises defined in these Regulations refer to the various kinds of enterprises for foreign trade and economic cooperation (including foreign trade companies, self-operated import and export productive companies and scientific research institutes, commercial and materials enterprises with import and export right, enterprises for foreign contracted projects and labor service cooperation, processing trade enterprises, border trade enterprises, small-amount tourist enterprises and enterprises for international freight transport agency, etc.) believed by the customs to have committed acts of violating the customs' regulations on supervision and control of smuggling according to the Customs Law of the People's Republic of China. Article 3. The basic premises for giving administrative penalties of warning, suspending or cancelling management permits for foreign trade and international freight transport agency to the laws-violating and smuggling enterprises are that facts for their laws-violating and smuggling are established and that the administrative penalties are given to them by the customs, which have already become effective; or what they do constitutes crimes of smuggling, for which the court has made legal decision. Upon receipt of the written notice from the customs or the court, the Ministry of Foreign Trade and Economic Cooperation or its authorized departments of foreign trade and economic cooperation at the provincial level has the right to give administrative penalties of warning, suspending or cancelling management permits for foreign trade and international freight transport agency to the laws-violating and smuggling enterprises. Article 4. The Ministry of Foreign Trade and Economic Cooperation or its authorized departments of foreign trade and economic cooperation at the provincial level may, on the basis of the administrative penalties which had been given to them by the customs according to law, give those laws-violating and smuggling enterprises whose crimes are bad in nature and serious in plot, administrative penalties as follows: (1) Giving penalties of warning and circulating a notice of criticism to those enterprises committing laws-violating acts for two times in one year, or evading taxes by smuggling in the amount of 50 thousand yuan to 0.5 million yuan RMB; (2) Giving penalties of suspending for six months management permits for a single commodity or single business in foreign trade or international freight transports agency to those enterprises in case they commit laws-violating acts for three times in two years or evade taxes by smuggling in the amount of 0.5 million to one million yuan RMB; (3) Giving penalties of suspending for six months management permits for foreign trade and international freight transport agency to those enterprises in case they commit laws-violating acts for two times in two years or evade taxes by smuggling in the amount of one million to three million yuan RMB; (4) Giving penalties of cancelling their management permits for foreign trade and international freight transport agency to those enterprises in case they evade taxes by smuggling in the amount of over three million yuan RMB (smuggling for many times should be calculated together); (5) For those enterprises which smuggle goods prohibited to import and export by the State, the related authorities shall cancel their management permits for foreign trade and international freight transport agency; (6) For those enterprises which forge or create in varied forms of documents of the Ministry of Foreign Trade and Economic Cooperation or import and export licenses, the related authorities shall cancel their management permit for foreign trade and international freight transport agency; (7) For those enterprises whose acts constitute smuggling crimes and whose major managers and directly responsible persons are under criminal investigation according to law, the related authorities shall cancel their permits for foreign trade and international freight transport agency. Article 5. For those enterprises which are willing to accept investigation and correct their laws-violating acts by themselves, or actively cooperate in the process of case-investigation and decision-making with the customs or actively retrieve or prevent losses for the State, the Ministry of Foreign Trade and Economic Cooperation may give them milder punishment or exempt them from administrative penalties stipulated in these regulations after consulting with the Customs General Administration. Article 6. Before administrative penalties stipulated in Article 4 of these Regulations are given to the laws-violating and smuggling enterprises by the Ministry of Foreign Trade and Economic Cooperation or its authorized departments of foreign trade and economic cooperation at the provincial level, the enterprises should be informed of and should have the right to ask for holding evidentiary hearings. For those enterprises asking for evidentiary hearings, the Ministry of Foreign Trade and Economic Cooperation and its authorized departments of foreign trade and economic cooperation at the provincial level shall have to organize the hearings. After the evidentiary hearings, the Ministry of Foreign Trade and Economic Cooperation or its authorized departments of foreign trade and economic cooperation at the provincial level shall finally decide, in accordance with the laws and regulations and the circumstances of the hearings, whether administrative penalties or milder administrative punishment shall be given. Article 7. After the administrative penalties are given by the Ministry of Foreign Trade and Economic Cooperation or its authorized departments of foreign trade and economic cooperation at the provincial level, the judgment notification shall have to be delivered within seven days to the enterprises; in case direct delivery is impossible, it may be delivered by a public notice. Article 8. In case the enterprises find the decision of the administrative penalties unacceptable, they may submit, in accordance with the Rules for Administrative Reconsideration, an application for administrative reconsideration to the Committee for Administrative Reconsideration of the Ministry of Foreign Trade and Economic Cooperation, or bring administrative lawsuit in accordance with the Law for Administrative Lawsuit of the People's Republic of China. Article 9. These regulations apply to enterprises with foreign investment. The Ministry of Foreign Trade and Economic Cooperation may, in accordance with Article 4 of these Regulations, give the violating and smuggling foreign invested enterprises administrative penalties of warning or ask the customs to suspend or stop handling their import and export business, and notify the parent companies of the foreign side. Article 10. The Ministry of Foreign Trade and Economic Cooperation is responsible for the interpretation of these regulations. Article 11. These regulations shall come into force as of the date of promulgation. |
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