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	PROVISIONS OF THE CUSTOMS FOR THE PARTIES TO CONSULT DOCUMENTS ON ADMINISTRATIVE PENALTY CASES (TRAIL)

	(Announcement of the General Administration of Customs (No. 1 of 2004), January 14, 2004: In order to lawfully guarantee the legitimate rights and interests of the parties to the administrative penalty cases, as well as further improve the customs' level of enforcing law by administrative means, the General Administration of Customs has formulated the "Provisions of the Customs for the Parties to Consult Documents on Administrative Penalty Cases (Trial) ", which are hereby promulgated and shall come into force on February 1, 2004)


SUBJECT : RECORDS; CUSTOMS; ADMINISTRATIVE PENALTY CASES
ISSUING DEPARTMENT : GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 01/14/2004
IMPLEMENT DATE : 02/01/2004
LENGTH : 965 words
TEXT :

Article 1. The present Provisions are formulated in accordance with the "Administrative Penalty Law of the People's Republic of China" and the relevant laws and administrative regulations, as well as in combination with the actual situation of customs work, with a view to earnestly implementing the principles of impartiality and publicity in administrative penalties, protecting the lawful rights and interests of the parties, and further improving the level of enforcing law by administrative means.

Article 2. Where, from the time when the customs serves an "Informing Notice of the Customs on Administrative Penalty" until the customs makes a decision on the administrative penalty, the party has any dissent on the informed matter, and thus applies to the customs for consulting the documents on the case, the present Provisions shall apply.

Article 3. The documents on a case which the party applies for consulting shall mean the relevant evidential documents about the facts, reasons and basis, which are enumerated in the "Informing Notice of the Customs on Administrative Penalty", except those involving any state secret, commercial secret or individual privacy.

Article 4. A party or the lawyer he entrusts may apply to the customs for consulting the documents on the case.

A party who has been examined by the customs to be under any of the following circumstances shall not consult the documents on the case, unless he entrusts a lawyer to do so:

(1) He resists the inspection, investigation or check made by the customs;

(2) He transfers or conceals the relevant evidence during the investigation, check or inspection; or

(3) The customs considers it not appropriate for the party to consult the documents on the case.

Article 5. The application for consultation shall be proposed in writing, and the originals of the following documents and certificates shall be shown to the customs:

(1) the "Informing Notice of the Customs on Administrative Penalty";

(2) the business license or statutory proof, if the party is a legal person or any other organization;

(3) the lawful and effective certificates to prove his identity, such as identification card and passport, etc., if the party is a natural person;

(4) the power of attorney, authorization letter, and lawyer license, if the applicant is a lawyer; and

(5) other certificates the customs considers necessary to be submitted.

The applicant shall meanwhile submit the photocopies of the aforementioned relevant legal documents and certificates for the customs to register and reserve.

Article 6. Where the customs decides, after receipt of the application for consultation, to consent to the applicant's consulting of the documents on the case, it shall, within 3 days after making the consent decision, arrange the applicant to consult the documents on the case. During this period, the customs shall finish preparing the documents for the applicant's consultation in accordance with Article 3 of the present Provisions.

Article 7. The customs shall, when accepting the applicant's consultation, check his certificates in accordance with Article 5 of the present Provisions, and make registration on the consultation list.

A party or the lawyer he entrusts may consult the documents on the same case for only once, and shall do so within a time prescribed by the customs.

Article 8. The one consulting the documents shall consult the documents on a case at the time and place designated by the customs.

Article 9. When the person concerned is consulting the documents on a case, there shall be a customs functionary on the scene.

Article 10. A customs functionary shall, before delivering the documents on a case to the person concerned to consult, carefully examine such documents, and register the basic information of the documents (such as the name, the number of pages, etc.) and the key evidence on the consultation list.

For the key evidential documents, the customs only needs to provide photocopies for consultation.

Article 11. The person consulting the documents may be permitted by the customs to make extracts when consulting the documents on a case.

Article 12. The person concerned shall not, when consulting the documents on a case, alter, damage, divide, change, take away the aforementioned documents consulted, or add any document to them, nor shall he make any duplicate or record, or take any photograph.

If anyone violates the preceding paragraph, the customs functionary shall timely stop the violation act or take back the documents on the case, and may cancel the violator's qualification for such consultation. If the violator causes any serious consequence, he shall be subject to the relevant liabilities in accordance with the relevant provisions.

Article 13. After the person finishes the consultation, the customs functionary shall carefully examine the documents on the case in contrast with the registered particulars prior to the consultation, check the key evidence item by item, and let the party confirm them. If the customs finds any defilement, lack or tear of pages, or any other unusual circumstance, it shall timely report to the superior organ for handling the matter.

Article 14. The responsibility to interpret the present Provisions shall remain with the General Administration of Customs.

Article 15. The present Provisions shall come into force on February 1, 2004.

ATTACHMENT: Customs Consultation List (format)

Attachment:

CUSTOMS CONSULTATION LIST (format)

Name of the one consulting the documents (agent or the party) :
Certificate name and its serial number :
Name, cause and number of the case; number of pages from beginning to the end:
Time and place of the consultation:
Registered particulars of the documents on the case :

Comments written by the customs functionary:

Signature of the one consulting the documents :

Note: The state of the documents on the case at the time of return (whether they are in good condition or damaged, etc.) shall be stated by the customs functionary in his written comments on the documents.