2. Otherwise, the original must be returned.
3. Article 20 of the Measures for the Administration of Confiscated Property by Customs stipulates that the goods, articles and means of transport that should be sold first in accordance with the Customs Law of People's Republic of China (PRC) and relevant regulations shall be approved by the Customs Commissioner directly under it or the Customs Commissioner at a lower level authorized by it (the cases examined and approved by the General Administration of Customs shall be reported to the General Administration for examination and approval), and the business and case-handling departments shall promptly notify the financial department to sell and dispose of the confiscated property in accordance with the provisions of Article 6 of these Measures, and timely notify the relevant departments to sell and dispose of the confiscated property. Responsibilities and authority of confiscated property management
Article 4 The Finance Department of the General Administration of Customs is the functional department of the national customs confiscated property management, responsible for formulating the national customs confiscated property management system and organizing its implementation; To supervise, inspect and guide the management of confiscated property by local customs; To examine and approve the request of the customs directly under the central government on the management of confiscated property.
Article 5 The financial department directly under the Customs is the functional department for the management of confiscated property in the customs area, and is responsible for organizing the implementation, supervision and inspection and guiding the management of confiscated property in the customs area.
Business and case-handling departments shall, according to their duties, make decisions on the sale and disposal of confiscated property according to law, and cooperate with the financial department to do a good job in the management of confiscated property.
Article 6 In the case supervised by the Anti-smuggling Bureau of the General Administration of Customs, if the confiscated property that meets the auction conditions cannot or should not be auctioned due to special circumstances, the case-handling department directly under the Customs shall promptly notify the financial department in writing of the approval of the case, and the financial department shall submit the specific sale and disposal plan in writing to the financial department of the General Administration for examination and approval before selling and disposal.
If the case is not under the supervision of the Anti-smuggling Bureau of the General Administration of Customs, and the confiscated property that meets the auction conditions cannot or should not be auctioned due to special circumstances, the relevant sale and disposal plan shall be approved by the Customs Commissioner directly under it or his authorized subordinate customs Commissioner.
Article 7 All directly affiliated customs offices shall fully apply the Customs Confiscated Property Management System (hereinafter referred to as the system) according to regulations, ensure that the information related to confiscated property is accurately entered into the system, and generate relevant statistical data in the system in time.
Extended Information Chapter III Custody of Confiscated Property
Article 8 All confiscated property shall be handed over to the warehousing enterprises selected by the customs for unified custody. The financial department of the customs is responsible for the custody of confiscated property, and entrusts a qualified warehouse of the service center of the General Administration of Customs to store and keep the confiscated property; If the service center warehouse of the General Administration of Customs does not meet the requirements, the financial department may entrust qualified social warehousing enterprises, service center warehouses of the General Administration of Customs and social warehousing enterprises (hereinafter referred to as "warehousing enterprises") for storage and custody.
Under special circumstances, the customs may set up an internal warehouse in an office with storage conditions to store confiscated property, and the specific warehousing work shall refer to the warehouse management of the service center of the General Administration of Customs.
Article 9 To determine that social storage enterprises are responsible for storing and keeping the property confiscated by the customs, the relevant provisions of the state government procurement shall be implemented. If it is really necessary to directly designate social storage enterprises to store dangerous goods and other special goods, articles and other special circumstances, it can only be determined after performing the necessary internal examination and approval procedures; The internal examination and approval rules shall be formulated separately by the customs directly under the central government.
Article 10 After the warehousing enterprise is determined, the financial department shall sign a warehousing agreement with the warehousing enterprise on behalf of the customs to clarify the rights and obligations of both parties; Entrust a social custody enterprise to keep confiscated property, and the financial department may also entrust the service center of the relevant organ to sign a custody agreement according to the needs of the work, but the text of the agreement shall be subject to the prior examination and approval of the financial department. The text of the signed agreement shall be uniformly copied by the financial department in written form to the business and case handling departments. Except as otherwise provided by laws and administrative regulations.
Eleventh business, case handling departments shall, in conjunction with the finance department and the customs entrusted by the confiscated property storage enterprises for warehousing procedures. The three parties shall check the quantity (weight), specification, name, model, packaging method and defects of the goods (articles). Check the property seized on the spot with relevant legal documents to ensure that the registered receipt is consistent with the confiscated property stored, and sign the receipt for confirmation. For the lack of legal documents or incomplete records of the necessary matters of legal documents, the business and case-handling departments shall go through the warehousing procedures. Warehouse receipt in quadruplicate, namely
Stub copy (retained by warehousing enterprises), handling unit (business and case handling department), financial department and reimbursement copy (warehousing expense settlement copy).
Due to special reasons, it is impossible to transport the confiscated property to the custody enterprise determined by the customs, and the business and case-handling departments may, after soliciting the opinions of the financial department and reporting to the relevant leaders in charge of the confiscated property, seal it up on the spot or entrust the local custody enterprise to keep it. The entrusted storage agreement is signed by the business and case handling departments directly with the storage enterprises, and the warehousing list is signed and confirmed by both the business and case handling departments and the storage enterprises. The business and case handling departments will send the entrusted storage procedures and warehousing list to the financial department within 24 hours after the customs clearance.
Article 12 Property seized, sealed up or confiscated by the customs in different places shall be returned by the case-handling department after being audited by the financial department and approved by the relevant leaders in charge of confiscation of property, or entrusted to the local customs or local social custody enterprises with conditions. For the confiscated property returned from different places and stored in the custody enterprise determined by the customs, the warehousing procedures shall be handled in accordance with the provisions of the first paragraph of Article 11 of these Measures; Confiscated property entrusted to be kept in different places shall go through the formalities of entrusted storage in accordance with the provisions of the second paragraph of Article 11 of these Measures. If the seizure or seal-up is lifted, the case-handling department shall promptly notify the financial department in writing and go through the relevant formalities.
Thirteenth public security, border defense, industry and commerce departments handed over to the customs for confiscation of property involved, by the receiving department in accordance with the provisions of Article 11 of these measures for warehousing procedures.
Fourteenth warehousing enterprises shall go through the formalities of confiscation of property with the written documents (or documents) approved by the business handling and financial departments.
Article 15 The financial department of the customs shall establish and improve the custody system of confiscated property, strengthen the supervision and inspection of the custody enterprises of confiscated property, and establish a regular reconciliation and early warning notification mechanism of confiscated property.