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Supervisory basis for customs supervision

The commodity inspection system means that commodity inspection agencies inspect the quality, specifications, weight, quantity, packaging, damage, etc. of imported and exported goods in accordance with the law and issue inspection certificates. In addition, the commodity inspection agencies are also responsible for the health quarantine of exported food and pest quarantine of animal products exported to non-agreement countries, and the assessment of the environmental protection status of imported goods. The National Entry-Exit Inspection and Quarantine Bureau is the competent agency responsible for inspecting imported and exported commodities in my country. The National Entry-Exit Inspection and Quarantine Bureau formulates, adjusts and publishes the "Entry-Exit Inspection and Quarantine Commodity Catalog", the adjusted "Inspection and Quarantine Commodity Catalog" 》Involving 4113 coded commodities.

There are four types of commodity inspection in my country, namely statutory inspection, contract inspection, notarized appraisal and entrusted inspection. Statutory inspection refers to the mandatory inspection of imported and exported goods in accordance with national regulations. All imported and exported goods listed in the "Catalogue of Entry and Exit Commodities Subject to Inspection and Quarantine by Entry-Exit Inspection and Quarantine Agencies" are statutory inspection commodities; when importing, the customs The goods will be released based on the seal stamped on the customs declaration form by the commodity inspection agency. When exporting, inspection procedures are carried out before declaration to customs. The customs shall inspect and release goods based on the inspection certificate and release form issued by the commodity inspection agency, or the seal stamped on the customs declaration form. In order to prevent the spread of animal infectious diseases, parasitic diseases and dangerous plant diseases, insects, weeds and other harmful organisms, protect my country's agricultural, forestry, animal husbandry and fishery production and human health, and maintain my country's external credibility, the state stipulates that Animals, plants and their products entering and leaving the country are subject to quarantine. All inbound and outbound goods subject to animal and plant quarantine, regardless of the mode of trade, must be submitted to the animal and plant quarantine agency at the port of entry or exit for quarantine before customs declaration. The animal and plant quarantine agency will issue a "Quarantine Release" Notice" or stamp the quarantine release stamp on the shipping documents before declaring to the customs.

The scope of animal maintenance and quarantine that should be implemented includes incoming and outgoing animals and plants, animal and plant products and other quarantine objects, containers and packages containing animals and plants, animal and plant products and other quarantine objects, as well as imported animals and plants. Transport in quarantine areas. For example:

1. Animals: livestock, poultry, beasts, snakes, fish, shrimps, crabs, shells, silkworms, bees, etc.

2. Animal products: raw hides, wool, meat, organs, oils, eggs, blood, semen, embryos, bones, hooves, horns, etc.

3. Plants: cultivated plants, wild plants and their seeds, seedlings, propagating materials, etc.

4. Plant products: grain, rice, cotton, oil, hemp, tobacco, seeds, dried fruits, fresh fruits, vegetables, crude medicines, wood, feed, etc. Drug inspection is a system established by the state to inspect imported drugs (including medicinal materials) in order to prevent counterfeit and substandard drugs from illegally flowing into the country. my country implements a registration system for imported drugs, that is, imported drugs must obtain an "Import Drug Registration Certificate" or a "One-time Import Drug Approval" issued by the Ministry of Health. Foreign trade companies that operate imported drugs must have a "Drug Registration Certificate" issued by the health authority. Business License". After the drugs arrive at the port, the relevant units should report to the port drug inspection office for inspection in a timely manner. The customs will release the drugs based on the inspection acceptance stamp stamped on the imported goods and customs declaration form by the drug inspection office.

National regulations strictly control and restrict imported blood products. If they are indeed imported for clinical medical treatment, the importing unit must report to the Ministry of Health for approval in advance. At the time of import, the port drug inspection office will review the approval documents, conduct inspections according to prescribed procedures, and then release.

The import and export of psychotropic drugs and narcotic drugs shall be carried out in accordance with the "Measures for the Administration of Psychotropic Drugs" and the "Measures for the Administration of Narcotic Drugs" issued by the State Council. Psychotropic drugs are handled by units designated by the Ministry of Foreign Trade and Economic Cooperation in accordance with relevant national foreign trade regulations, and narcotic drugs are handled by China National Medicines and Health Products Import and Export Corporation and local branches or units designated by the Ministry of Health and the Ministry of Foreign Trade and Economic Cooperation. When importing and exporting, it should be reported to the Ministry of Health for review and approval, and a "Permit for the Import (Export) of Psychotropic Drugs" and a "Permit for the Import and Export of Narcotic Drugs" should be issued, and the customs will inspect and release the goods based on the permit. Food inspection refers to the system for inspecting imported food, food raw materials, food containers, food additives, packaging materials, etc. in accordance with my country's hygienic standards and requirements.

When importing, the border health supervision agency will conduct health supervision and inspection. The customs will release the goods based on the certificate issued by the border food hygiene supervision agency. Exported food shall be subject to health supervision and inspection by the national import and export commodity inspection department, and the customs will release it based on the inspection certificate issued by the above-mentioned agency.

Endangered species management refers to wild animals and plants that are endangered or at risk of extinction, including all species listed in Appendix 1 and Appendix 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. For a long time, while human beings have developed, natural resources have been in danger of depletion due to various reasons. Many wild animals and plants have become extinct at an accelerated rate and have become precious and rare wild animals and plants. Once the natural ecology is out of balance, humans themselves will be at risk. For this reason, the international call for the protection of endangered species is getting louder and the management is getting stricter. In our country, people of insight continue to call for an end to the indiscriminate killing of precious and endangered wild animals. Our country has now joined the Convention on International Trade in Endangered Species of Wild Fauna and Flora and has formulated the Wildlife Protection Law of the People's Republic of China. The Ministry of Forestry has also issued many regulations such as the "Notice on the Protection of Rare Tree Species".

In addition, our country has also formulated a sustainable development strategy aimed at maintaining harmony with the natural ecological environment. According to national regulations, any import or export of wild animals or their products that are restricted by international conventions that China has joined, or exports of nationally protected wild animals or their products must be approved by the wildlife administrative department of the State Council or the State Council, and must obtain The import and export permission certificate issued by the national endangered species import and export management agency shall be inspected and released based on the import and export permission certificate. Any export of Chinese patent medicines containing precious and rare wild Li plants must be declared to the customs with an export permission certificate issued by the National Endangered Species Import and Export Management Office. Cultural relics are the historical and cultural heritage of a country, and some cultural relics are even valuable. Therefore, many countries have enacted legislation to protect cultural relics from being lost.

The "Cultural Relics Protection Law of the People's Republic of China" stipulates that any cultural relics with important historical, artistic, and scientific value are prohibited from leaving the country unless they are shipped to foreign exhibitions with the approval of the State Council. For temporary inbound and outbound cultural relics, such as those approved by the state for foreign cultural exchanges, export exhibitions, cooperative research and other projects, or other temporarily outbound cultural relics that need to be carried, checked or mailed by personnel of Myanmar's overseas institutions and visiting personnel, they must be collected by the local government before leaving the country. The Cultural Relics Exit Appraisal Station will issue an exit certificate based on the approval document, cultural relics list, and photos, and after checking that they are correct; when cultural relics are brought into the country again, they must be re-inspected based on the list and photos, and the customs will release them as temporary export goods based on the exit certificate. Cultural relics to be exported or brought out of the country by individuals must be authenticated by the cultural administrative department of the province, autonomous region, or municipality designated by the national cultural administrative department before customs declaration. The customs will release the cultural relics based on the paint mark or cultural relic export certificate stamped by the department. The state has stipulated the types of cultural relics that need to be authenticated out of the country. In some places, cultural relic appraisal stations have also been established to be responsible for the transportation of this tool. Overseas personnel who carry cultural relics out of the country must also submit sales invoices for cultural relics purchased with foreign exchange at the time of customs declaration. . According to the relevant national gold and silver management regulations, when exporting gold and silver products, the "Gold and Silver Products Export Permit" issued by the People's Bank of China must be submitted to the customs, and the customs will inspect and release the goods based on the permit.

Gold and silver raw materials that need to be imported from abroad for the purpose of processing finished products for export must be registered with the People's Bank of China with the import declaration form after import, so that they can be reviewed and issued when exported.

According to the national regulations on the management of carrying foreign exchange in and out of the country, inbound and outbound personnel who carry foreign exchange in and out of the country exceeding the prescribed amount should apply for a "carrying permit" from the bank or apply to the local foreign exchange administration for approval, as appropriate. A "carrying permit" will be issued based on the approval document, and the customs will release the goods based on the "carrying permit". Imported waste, commonly known as "foreign garbage", refers to harmful substances and waste materials that pollute the environment produced in production, construction, daily life and other activities, including liquid waste and gaseous waste. There are 23 projects listed internationally for hazardous waste management.

It is estimated that the world produces 10 billion tons of garbage and more than 300 million tons of hazardous waste every year. Most of these garbage and waste cannot be effectively processed, resulting in the transnational transfer of hazardous waste and garbage. Some developed countries transfer large amounts of industrial and production waste, especially hazardous waste, to developing countries under various names and through various channels. my country has also become a victim of the transfer.

In 1990, my country joined the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal adopted by the United Nations Environment Program. The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs, the State Administration for Industry and Commerce, and the Commodity and Quarantine Station Bureau jointly promulgated the "Interim Regulations on Environmental Protection Management of Waste Imports" and came into effect on April 1, 1996.

The "Interim Provisions" prohibit the dumping, stacking and disposal of waste imported and exported from overseas. Restrictions on the import of wastes that can be used as raw materials. The import of nine categories of wastes that are included in the national restrictions on the import of wastes that can be used as raw materials must be approved by the State Environmental Protection Administration. The import of other wastes is strictly prohibited.

The "Interim Provisions" also strictly stipulates the application and approval procedures for importing waste that can be used as raw materials, and implements environmental protection risk responsibilities. The customs shall rely on the "Import Waste Approval Certificate" issued by the State Environmental Protection Administration and The inspection certificate issued by the commodity inspection agency where the port is located shall be inspected and released. For waste that fails inspection, the customs will order it to be returned and impose a fine in accordance with the law. Those who violate regulations by dumping, stacking, and disposing overseas waste into the country, or importing waste without authorization for use as raw materials, will be dealt with seriously in accordance with the law. If it constitutes a crime, criminal responsibility will be pursued. Intellectual property protection is an important issue of widespread concern to the international community. Faced with the continuous spread of intellectual property infringements related to international trade around the world, customs in many countries have taken protective measures, and relevant international organizations are also taking active actions. In 1985 the World Customs Organization developed the Model Law on Domestic Legislation Authorizing Customs to Enforce Trademark and Copyright Protection. The Uruguay Round negotiations of the General Agreement on Tariffs and Trade culminated in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994. In 1995, the State Council issued Order No. 179 of the "Regulations on the Customs Protection of Intellectual Property Rights of the People's Republic of China", which came into effect on October 1 of that year. The regulations clearly stipulate the purpose and scope of intellectual property border protection, customs powers and obligations, intellectual property filing, protection applications, guarantees, investigation and processing, 8 legal responsibilities and other issues.

The content mainly includes: 1. Scope of protection: trademark rights, copyrights, and patent rights protected by Chinese laws and related to inbound and outbound goods; 2. Legal basis: all rights protected by Chinese laws and administrative regulations The import and export of goods that infringe protected intellectual property rights are prohibited, which demonstrates the Chinese government’s basic position on the protection of intellectual property rights; 3. Protection and filing; intellectual property rights holders who need customs to protect their intellectual property rights should file a record with the General Administration of Customs; 4. Application for protection: In addition to the customs detaining infringing goods, in principle, the intellectual property right holder should request the customs to take protective actions; 5. Guarantee: When the applicant requests the customs to detain inbound and outbound goods, he or she should provide information on the arrival or arrival date of the import and export goods. A security deposit equivalent to the FOB price is required to prevent claims for compensation and related expenses caused by wrong deductions; 6. Penalties: Customs can confiscate infringing goods and impose fines at the same time.