Popular science! Five ways for customs to deal with smuggled and confiscated items
- Author:MIKEY
- Source:Sunny Worldwide Logistics
- Release Date:2020-01-04
According to relevant state regulations, the smuggled goods and articles seized by the customs and other law enforcement agencies are uniformly handed over to the customs. According to the quality of the confiscated materials, the customs have five ways to deal with them:
Popular science! Five ways for customs to deal with smuggled and confiscated items
I. Public auction
For confiscated goods and articles that have no special provisions in national laws and regulations, the customs conducts public auctions, which is the main way for the customs to handle confiscated goods. In 2003, customs across the country accumulatively auctioned various types of confiscated property through public auction houses at 1.291 billion yuan, accounting for 95.14% of all variable confiscated properties.
Second, targeted resale
It is mainly monopoly products regulated by the state, such as smuggled refined oil, smuggled cigarettes, and smuggled optical disc production lines. In 2003, customs across the country handled 66 million yuan of confiscated property in this way, accounting for 4.86% of all variable sales of confiscated property.
3. Transfer it to the competent department for processing.
It is mainly the unified transfer of seized cultural relics, drugs, endangered animals and plants, and firearms and ammunition to the administrative department for processing.
Transfer to the Chinese Red Cross
The seized goods and articles infringing intellectual property rights were mainly transferred to the Chinese Red Cross for public welfare after the trademark was removed.
V. Destruction
Mainly for the innocuous destruction of seized foreign garbage, used cars, pirated CDs, obscene articles, illegal publicity materials, etc. Expenses incurred during the processing of smuggled goods and articles will be listed by the customs in their annual anti-smuggling case budget.
Attachment: Provisions on Public Auction of Forfeited Items
In order to implement the "Auction Law", establish and improve the public auction system of confiscated items in the customs system, and combine the characteristics of customs confiscated items management, the public auction of confiscated items in customs is now as follows:
1. In principle, the goods and articles confiscated by the customs in accordance with the Law of the Auction and the relevant provisions of the State Council shall be disclosed to the auction houses with operation rights designated by the people ’s government of the province, autonomous region, municipality directly under the Central Government, or the people ’s government of the district auction.
2. Where an auction house has not yet been established, the goods and articles confiscated by the customs may be handed over to the relevant state-owned commercial department to acquire or entrust a foreign auction house for public auction in accordance with the original regulations.
3. If the goods and articles involved in the case that should be reported to the General Administration for review and approval are not suitable for public auction due to special circumstances, the sale of the confiscated goods and articles shall be reported to the General Administration for approval; The confiscated goods and articles involved in the case; if it is not suitable for public auction due to special circumstances, the sale situation shall be reported to the General Administration for the record.
4. Weapons, ammunition, drugs, obscene articles, precious cultural relics, etc. confiscated in accordance with law, as well as items that are prohibited from trading by relevant laws and administrative regulations or are political or destructive, shall not be included in the auction. It will still be handed over to or destroyed by the special administrative department in accordance with the current state regulations. The precious cultural relics shall be transferred to the local cultural relics administrative department in accordance with regulations, and the transfer procedures shall be completed.
V. Goods and articles confiscated by the customs according to law are franchised and monopolized according to the relevant laws and regulations, and shall still be handled by the franchised and monopolized departments.
General cultural relics shall be sold to the auction house with the right of operation approved by the national cultural relics authority after being approved by the local cultural relics management department.
Cigarettes and tobacco products shall be auctioned to auction houses with the right to operate approved by the State Tobacco Monopoly Administration.
The confiscated cars and motorcycles shall be auctioned by the Motor Vehicle Auction Center designated by the Ministry of Internal Trade, or purchased by the China Import Automobile Trade Center and approved units with fines and confiscated auto operation rights in accordance with the documents of the State Council.
Gold and silver and their products, foreign currencies, and securities should still be submitted to the relevant special administrative departments for acceptance or purchase in accordance with the original regulations.
6. Disposal of goods and articles that are sold in advance, without owners, abandoned, overdue and unloaded, and whose prices are offset by taxes or fines shall be handled in accordance with the above provisions.
7. The handling of goods that infringe intellectual property rights shall be handled in accordance with Article 24 of the Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights.
(The content is compiled from China Customs Auction Information Network, Shipping Information)
MIKEY
Time: January 04, 2020
Tel: 86-755-25643420-8059
Mobile / WeChat: 17722618609
QQ: 3004940572
Email: sales33@swwlogistics.com .cn
Popular science! Five ways for customs to deal with smuggled and confiscated items
I. Public auction
For confiscated goods and articles that have no special provisions in national laws and regulations, the customs conducts public auctions, which is the main way for the customs to handle confiscated goods. In 2003, customs across the country accumulatively auctioned various types of confiscated property through public auction houses at 1.291 billion yuan, accounting for 95.14% of all variable confiscated properties.
Second, targeted resale
It is mainly monopoly products regulated by the state, such as smuggled refined oil, smuggled cigarettes, and smuggled optical disc production lines. In 2003, customs across the country handled 66 million yuan of confiscated property in this way, accounting for 4.86% of all variable sales of confiscated property.
3. Transfer it to the competent department for processing.
It is mainly the unified transfer of seized cultural relics, drugs, endangered animals and plants, and firearms and ammunition to the administrative department for processing.
Transfer to the Chinese Red Cross
The seized goods and articles infringing intellectual property rights were mainly transferred to the Chinese Red Cross for public welfare after the trademark was removed.
V. Destruction
Mainly for the innocuous destruction of seized foreign garbage, used cars, pirated CDs, obscene articles, illegal publicity materials, etc. Expenses incurred during the processing of smuggled goods and articles will be listed by the customs in their annual anti-smuggling case budget.
Attachment: Provisions on Public Auction of Forfeited Items
In order to implement the "Auction Law", establish and improve the public auction system of confiscated items in the customs system, and combine the characteristics of customs confiscated items management, the public auction of confiscated items in customs is now as follows:
1. In principle, the goods and articles confiscated by the customs in accordance with the Law of the Auction and the relevant provisions of the State Council shall be disclosed to the auction houses with operation rights designated by the people ’s government of the province, autonomous region, municipality directly under the Central Government, or the people ’s government of the district auction.
2. Where an auction house has not yet been established, the goods and articles confiscated by the customs may be handed over to the relevant state-owned commercial department to acquire or entrust a foreign auction house for public auction in accordance with the original regulations.
3. If the goods and articles involved in the case that should be reported to the General Administration for review and approval are not suitable for public auction due to special circumstances, the sale of the confiscated goods and articles shall be reported to the General Administration for approval; The confiscated goods and articles involved in the case; if it is not suitable for public auction due to special circumstances, the sale situation shall be reported to the General Administration for the record.
4. Weapons, ammunition, drugs, obscene articles, precious cultural relics, etc. confiscated in accordance with law, as well as items that are prohibited from trading by relevant laws and administrative regulations or are political or destructive, shall not be included in the auction. It will still be handed over to or destroyed by the special administrative department in accordance with the current state regulations. The precious cultural relics shall be transferred to the local cultural relics administrative department in accordance with regulations, and the transfer procedures shall be completed.
V. Goods and articles confiscated by the customs according to law are franchised and monopolized according to the relevant laws and regulations, and shall still be handled by the franchised and monopolized departments.
General cultural relics shall be sold to the auction house with the right of operation approved by the national cultural relics authority after being approved by the local cultural relics management department.
Cigarettes and tobacco products shall be auctioned to auction houses with the right to operate approved by the State Tobacco Monopoly Administration.
The confiscated cars and motorcycles shall be auctioned by the Motor Vehicle Auction Center designated by the Ministry of Internal Trade, or purchased by the China Import Automobile Trade Center and approved units with fines and confiscated auto operation rights in accordance with the documents of the State Council.
Gold and silver and their products, foreign currencies, and securities should still be submitted to the relevant special administrative departments for acceptance or purchase in accordance with the original regulations.
6. Disposal of goods and articles that are sold in advance, without owners, abandoned, overdue and unloaded, and whose prices are offset by taxes or fines shall be handled in accordance with the above provisions.
7. The handling of goods that infringe intellectual property rights shall be handled in accordance with Article 24 of the Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights.
(The content is compiled from China Customs Auction Information Network, Shipping Information)
MIKEY
Time: January 04, 2020
Tel: 86-755-25643420-8059
Mobile / WeChat: 17722618609
QQ: 3004940572
Email: sales33@swwlogistics.com .cn