In order to adapt to the revision of the superior law and the needs of the "Decentralization-Control-Service” reform of the Customs, the General Administration of Customs promulgated a new version of the record management regulations on November 19th, 2021, which will take effect on January 1st, 2022. Highlights will be listed as follows by Dongjin:
- Cancel the registration license of customs declaration enterprises nationwide and replace it with record-filing.
- Cancel the validity period of the customs declaration enterprises, once the record has been filed, it is valid for long-term.
- Cancel the restrictions on legal person enterprises, non-legal-person enterprises, such as partnerships and wholly-owned enterprises, can also apply for record-filing for customs declaration enterprises.
- Cancel the geographical restrictions on customs declaration enterprises, without the need to set up local branches, registration could be achieved in one place and the customs declaration will be made nationwide.
- Not only the head office can carry out customs declaration business, the branch of the consignee or consignor of import and export goods can also handle the record-filing of customs declaration entities.
- Allow the same enterprise to file for the consignee or consignor of import and export goods and customs declaration enterprise at the same time.
- The information of customs declaration personnel for the record will be considered as part of the information of the customs declaration entities into the "Information Form for the Record of Customs Declaration Entities", to further integrate and optimize the record-filing of customs declaration personnel.
- Combined with the new circumstances faced by Customs in import and export operations since the prevention and control of COVID-19 epidemic, the Red Cross Society, the philanthropic foundations and the entities engaged in foreign donations, international aid will be included in the scope of temporary record-filing entities.
- There is an addition term "refusal to correct" in the penalty clause, which reflects the legislative trend to combine education and discipline.
- Clarify the time limit for the record-filing for customs declaration entities, the record-filling should be completed within 3 working days if the material documents are sufficient and meet the requirements.
- Record information of customs declaration entities should be publicized online through the "China Customs Enterprise Import and Export Credit Information Public Platform". Registration certificate is no longer issued, the Customs shall provide paper proof of record-filing if it is requested by the customs declaration entity.
- Fully absorb the reform results of the integration of customs and inspection, the self-inspection entities will be integrated into the consignee or consignor of import and export goods, and the agency inspection entities will be integrated into the customs declaration enterprises.
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Mr. Mike Chang (Partner)