Featured post

How could the government of People's Republic of China deny the accusation of exporting fentanyl or other illegal articles?



The government of the People’s Republic of China’s excuse for denying the export of fentanyl is more likely to be that the customs declarations written by Chinese companies exporting fentanyl to Mexico or other countries do not include fentanyl. A listed company admitted in its prospectus that it exported goods to Mexico through false customs declarations and then sold them to the United States. Beijing Customs issued a certificate of no crime within three years.

Given the fact that the People's Republic of China has systematically indulged in the falsification of customs declaration forms, and the WTO members does not want to completely cut off trade with People's Republic of China, WTO member countries need a new rule to implement full inspections on all products from People's Republic of China, correspondingly increase customs handling fees to cover increased customs inspection costs. Conducting inspections on all products imported from People's Republic of China by WTO member countries could reduce the risk of fentanyl poisoning in each country.

If it is infeasible to conduct full inspections on all products from People's Republic of China, it's better to conduct full inspections on all products from the entities granted 5As or other privileges by the People's Republic of China where 5As or other privileges means the governments of the People's Republic of China doesn't perform any inspection on the product of such entity.
 It is stipulated in the Announcement No. 45 [2012] of the General Administration of Customs of the People's Republic of China that a lower inspection rate applies to Type A production enterprises, which means that the agencies of the Customs of the People's Republic of China may inspect nil percentage of products of Type A production enterprises.
According to section 13 of the Measures of the Customs of the People's Republic of China for the Classified Administration of Enterprises, an enterprise must simultaneously meet the following requirements to be qualified as Type A enterprise:

(1) It has been applied to Type B administration for more than one year;
(2) The enterprise and its customs declaration personnel have been free from smuggling crimes, smuggling acts, and violations of customs supervision regulations for one consecutive year;
(3) The goods declared by the agency for one consecutive year have not been confiscated by the customs due to infringement of intellectual property rights, or the intellectual property rights of the goods have been confiscated but the obligation of reasonable review has been performed;
(4) Has not been in arrears with tax payables or fines and confiscated funds for one consecutive year;
(5) The total number of import and export declaration forms and entry and exit filing lists declared by a agencies in the previous year is more than 3,000;
(6) The error rate of import and export declarations declared by the agency in the previous year is less than 5%;
(7) To establish account books and business records in accordance with the law, and to truly, correctly and completely record all activities of the entrusted customs declaration business;
(8) Submit the "Enterprise Operation and Management Status Evaluation Report" every year;
(9) Go through the procedures for the renewal of the registration license and the renewal of the "Registration Certificate for Customs Declaration Enterprises of the Customs of the People's Republic of China" and related modification procedures in accordance with the regulations;
(10) Have no bad records in administrative departments and institutions such as commerce, the People's Bank of China, industry and commerce, taxation, quality inspection, foreign exchange, and supervision for one consecutive year.

It is stipulated in the Section 30 of the Credit Management Measures  for Customs Registration and Record-filing Enterprise of the People's Republic of China that the following management measures are applicable to the advanced enterprises certified: the average inspection rate of imported and exported goods is lower than 20% of the average inspection rate of enterprises implemented conventional management measures, except for special provisions of laws, administrative regulations or the General Administration of Customs; Priority for customs clearance procedures for import and export goods and related business procedures; Applying to the customs for exemption from guarantee; Reduce the frequency of inspection and verification of enterprises;  Declare to the customs before the export goods arrive at the customs supervision area,...




Comments