Since April 11, 2006, foreign trade operators who have opened export invoices may be banned from foreign trade for three years.
The Ministry of Commerce issued the "Interim Measures for the Punishment of Low-opening Export Invoices" on the 10th, which stipulates the penalties in detail: warning the enterprises that have violated the first time; in addition to warnings for enterprises that have violated the two-year violation after the first warning, A fine of less than 30,000 yuan; if the above illegal acts have a serious impact on the order of foreign trade operations, the illegal enterprises may be prohibited from engaging in penalties for foreign trade operations within a period of one year or more and three years or less depending on the circumstances. For the legal representative of the enterprise with the main responsibility, it is forbidden to act as the legal representative of the foreign trade enterprise within the period of one year and three years, depending on the circumstances.
The Interim Measures stated that the Ministry of Commerce, the General Administration of Customs and the State Administration of Taxation will jointly investigate such acts, and the Ministry of Commerce will make a preliminary ruling, within 7 days from the date of the preliminary ruling to the relevant foreign trade operators. If the foreign trade operator has any objection, he may submit a written defense material to the Ministry of Commerce and may file a hearing application.
The "Interim Measures" specifically emphasizes that all suspected smuggling tax frauds need to be transferred to the inspection department for investigation.
Relevant persons from the Foreign Trade Department of the Ministry of Commerce said in an interview with this reporter that in recent years, the phenomenon of commercial fraud in the form of low-opening export invoices in the field of foreign trade has become more serious, seriously affecting China’s commodities, enterprises and the state in the international community. The image has disturbed China’s normal foreign trade order and is one of the important reasons for trade friction between China and some developing countries. It is also the main excuse for the above-mentioned countries to restrict the entry of Chinese goods and the frequent use of anti-dumping and other trade remedy measures, even affecting Some countries recognize China’s market economy status.
In recent years, governments and business associations of Turkey, South Africa and other countries have repeatedly reported that Chinese enterprises have low export invoices and evaded their domestic import tariffs. I hope that the Chinese government will find a solution as soon as possible.
According to this person, the introduction of the "Interim Measures" is to promote honesty, business and law-abiding operations in the field of foreign trade, actively promote the construction of foreign trade operators' credit system, maintain the foreign trade order, and lay a good foundation for the sustained and healthy development of China's foreign trade. At the same time, the environmental base indicates the attitude of the Chinese government in actively cooperating with the issue of lowering export invoices and reducing the trade friction caused by this.
The Interim Measures divides export invoices into: production of export invoices and self-made export invoices. Producer export invoice refers to the export invoices uniformly printed and supervised by the tax authorities of various places; self-made export invoices refer to the export invoices printed by foreign trade operators themselves.
It is understood that the issue of low export invoices is a relatively common problem in international trade. Due to the imperfect customs system of some countries, when some enterprises in China export goods to these countries, they often have to provide some form-by-use invoices with a nominal price lower than the actual export customs price at the request of some unscrupulous importers. To achieve the purpose of escaping tariffs from importing countries.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
The Ministry of Commerce issued the "Interim Measures for the Punishment of Low-opening Export Invoices" on the 10th, which stipulates the penalties in detail: warning the enterprises that have violated the first time; in addition to warnings for enterprises that have violated the two-year violation after the first warning, A fine of less than 30,000 yuan; if the above illegal acts have a serious impact on the order of foreign trade operations, the illegal enterprises may be prohibited from engaging in penalties for foreign trade operations within a period of one year or more and three years or less depending on the circumstances. For the legal representative of the enterprise with the main responsibility, it is forbidden to act as the legal representative of the foreign trade enterprise within the period of one year and three years, depending on the circumstances.
The Interim Measures stated that the Ministry of Commerce, the General Administration of Customs and the State Administration of Taxation will jointly investigate such acts, and the Ministry of Commerce will make a preliminary ruling, within 7 days from the date of the preliminary ruling to the relevant foreign trade operators. If the foreign trade operator has any objection, he may submit a written defense material to the Ministry of Commerce and may file a hearing application.
The "Interim Measures" specifically emphasizes that all suspected smuggling tax frauds need to be transferred to the inspection department for investigation.
Relevant persons from the Foreign Trade Department of the Ministry of Commerce said in an interview with this reporter that in recent years, the phenomenon of commercial fraud in the form of low-opening export invoices in the field of foreign trade has become more serious, seriously affecting China’s commodities, enterprises and the state in the international community. The image has disturbed China’s normal foreign trade order and is one of the important reasons for trade friction between China and some developing countries. It is also the main excuse for the above-mentioned countries to restrict the entry of Chinese goods and the frequent use of anti-dumping and other trade remedy measures, even affecting Some countries recognize China’s market economy status.
In recent years, governments and business associations of Turkey, South Africa and other countries have repeatedly reported that Chinese enterprises have low export invoices and evaded their domestic import tariffs. I hope that the Chinese government will find a solution as soon as possible.
According to this person, the introduction of the "Interim Measures" is to promote honesty, business and law-abiding operations in the field of foreign trade, actively promote the construction of foreign trade operators' credit system, maintain the foreign trade order, and lay a good foundation for the sustained and healthy development of China's foreign trade. At the same time, the environmental base indicates the attitude of the Chinese government in actively cooperating with the issue of lowering export invoices and reducing the trade friction caused by this.
The Interim Measures divides export invoices into: production of export invoices and self-made export invoices. Producer export invoice refers to the export invoices uniformly printed and supervised by the tax authorities of various places; self-made export invoices refer to the export invoices printed by foreign trade operators themselves.
It is understood that the issue of low export invoices is a relatively common problem in international trade. Due to the imperfect customs system of some countries, when some enterprises in China export goods to these countries, they often have to provide some form-by-use invoices with a nominal price lower than the actual export customs price at the request of some unscrupulous importers. To achieve the purpose of escaping tariffs from importing countries.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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