《上海口岸2022年深化跨境贸易营商环境改革若干措施》英文版

Hu Shang Zi Mao [2021] No. 335 Document

Circular on Several Measures for Strengthening the Reform of Business Environment for Cross-border Trade at Shanghai Port in 2022

All relevant entities,

In order to thoroughly implement the Regulation on Optimizing the Business Environment issued by the State Council, the Regulation of Shanghai Municipality on Optimizing the Business Environment and the Notice of Further Deepening the Reform of Cross-Border Trade Facilitation and Optimizing the Port Business Environment (Shu An Fa [2021] No. 85 Document) issued by the ten authorities such as the General Administration of Customs, further strengthen the reform of cross-border trade facilitation, optimize the business environment for cross-border trade and constantly improve the sense of fulfillment among the import and export companies, Shanghai Municipal Commission of Commerce, Shanghai Customs, Shanghai Municipal Transportation Commission, Shanghai Municipal Market Supervision Administration, Shanghai Municipal Development and Reform Commission, Shanghai Municipal Drug Supervision Administration, Shanghai Municipal Tax Service of State Taxation Administration, Shanghai Municipal Finance Bureau, Shanghai Mari

time Safety Administration and Shanghai Office of China Banking and Insurance Regulatory Commission jointly formulate the Several Measures for Strengthening the Reform of Business Environment for Cross-border Trade at Shanghai Port in 2022, which are hereby issued and shall be effectively implemented.

Shanghai Municipal Commission of Commerce

Shanghai Customs

Shanghai Municipal Transportation Commission

Shanghai Municipal Market Supervision Administration

Shanghai Municipal Development and Reform Commission

Shanghai Municipal Drug Supervision Administration

Shanghai Municipal Tax Service, State Taxation Administration

Shanghai Municipal Finance Bureau

Shanghai Maritime Safety Administration

Shanghai Office of China Banking and Insurance Regulatory Commission

December 29, 2021

Several Measures for Strengthening the Reform of Business Environment for Cross-border Trade at Shanghai Port in 2022

In order to thoroughly implement the Regulation on Optimizing the Business Environment issued by the State Council, the Regulation of Shanghai Municipality on Optimizing the Business Environment and the Notice of Further Deepening the Reform of Cross-Border Trade Facilitation and Optimizing the Port Business Environment (Shu An Fa [2021] No. 85 Document) issued by the General Administration of Customs, and continuously optimize the business environment for cross-border trade in Shanghai, several measures are hereby formulated to strengthen the reform of the business environment for cross-border trade at Shanghai Port in 2022 as follows:

I. Strengthening reform and innovation, and further optimizing the entire chain and the entire process of Customs clearance

i. Further optimizing the Customs clearance modes for imported and exported goods. As the companies will be encouraged to choose the import and export declaration modes on their own, the “pre-arrival declaration” and “two-step declaration” Customs clearance modes for imported and exported goods will be further improved. The companies will be supported to conduct pre-arrival declaration for air cargo, so as to reduce the overall Customs clearance time for air cargo. The declaration reservation function of the Shanghai International Trade “Single Service Counter” will be promoted continuously.

ii. Further advancing the implementation of the “proactive disclosure” system and the fault tolerance mechanism. For the declaration errors caused by non-subjective reasons and the violations disclosed by companies on their own initiative, the identification criteria will be unified, the rapid response will be taken, and the companies will not be recorded for Customs declaration errors or will be granted punishment mitigation or exemption in accordance with the law. Efforts will be made to learn about the import and export needs of the companies in a timely manner, step up the promotion of the policies for the companies, and facilitate the companies’ effective application of the “proactive disclosure” system and the fault tolerance mechanism, which will be applied in an increasingly expanded scope.

iii. Improving the facilitation of tariff payment. Diversified tax guarantee modes will be provided, and the facilitation measures such as tariff guarantee insurance, collective tax collection, self-declaration and self-payment, and prior determination will be further promoted.

iv. Further facilitating the export tax rebates. Relying on the Shanghai International Trade Single Window, “filling-in-free” tax rebate declarations will be promoted for goods exports, technology exports and offshore service outsourcing exports. With the paperless document filing for export tax rebate piloted, the companies can choose to save the filed documents of export tax rebate in the paperless form with the approval of the tax authority.

v. Pushing forward the reform of inspection and quarantine supervision mode. On the basis of ensuring safety, the pilot reform in the inspection supervision mode for imported pasteurized milk will be steadily expanded, for related products imported by qualified companies, the “inspection and release + risk monitoring” mode at the ports will be implemented. The promotion of the supervision mode of admissible third-party inspection for imported goods will be accelerated, with catalog-based management implemented and the in-process and aftermath supervision intensified for the admissible inspection and testing institutions.

vi. Optimizing the inspection supervision for imported food and cosmetics samples. The samples of imported pre-packaged food for exhibition and display will be exempt from sampling inspection, provided that they meet the access requirements. Imported cosmetic samples for special cosmetics registration or general cosmetics filing, non-trial cosmetic samples for companies’ research and development, and non-trial or non-sale cosmetics for exhibition and display, can be exempted from providing the registration certificate for imported special cosmetics product or the electronic information certificate for imported general cosmetics filing, and will also be exempt from sampling inspection.

vii. Improving facilitation for cross-border e-commerce. The manual inspection rates for commodity and consumer identity verification will be reduced, and support will be provided for the construction of the central warehouse of returned goods for retail imports of cross-border e-commerce. We shall accelerate the construction of the Customs-supervised operation sites for the general export businesses of cross-border e-commerce, and support the inclusion of cross-border e-commerce exports via postal routes into the city’s e-commerce statistics of cross-border trade.

viii. Continuously strengthening the big data supervision of cross-border trade. Relying on the Shanghai big data platform for cross-border trade, we shall further expand the scope of data collection for the trade chain, supply chain and logistics chain, and use the big data technology to build various risk prevention and control models and pro-facilitation application programs, so as to achieve the higher-level coordination of safety and facilitation and conduce to the rapid Customs clearance of goods for law-abiding companies.

ix. Further piloting the operation modes of “ship-side pick-up” of imported goods and “loading upon arrival at port” of exported goods. On the premise of ensuring the operation safety in the port area, We shall ensure the operations of “ship-side pick-up” and “loading upon arrival at port” for the goods that meet the operating conditions at the owner’s own request, so as to facilitate the rapid pick-up and delivery of goods for the companies in need, shorten the time of goods storage at ports, and speed up Customs clearance and logistics.

x. Further advancing the reform of Customs clearance integration in the Yangtze River Delta. The collaboration mechanism for Customs clearance between Customs districts in the Yangtze River Delta will be established and improved, and the joint action mechanism for emergency coordination and response will be strengthened for the bottleneck problems such as the unsmooth linkage between ports and localities in the Customs clearance process. We shall carry out the cooperation and co-construction for the Yangtze River Delta International Trade Single Window, give full play to the role of the existing port and shipping information platforms, and advance the visualization of the entire process of import and export Customs clearance and logistics operations at key ports in the Yangtze River Delta. We shall improve the coordination mechanism for Customs transfers, optimize the operation process of the transfers, and propel the development of the “linked Customs clearance and port operations mode”, so as to boost the c

onstruction of a world-class shipping hub.

II. Checking and regulating charges and further reducing import and export costs

xi. Strengthening the disclosure of port charges. We shall optimize the charging disclosure system of the Shanghai International Trade Single Window, and realize value discovery through price comparison and condition screening. We shall guide the charging entities at the ports in publishing the catalogues and lists of charges and enhance the dynamic updates through the charging disclosure system of Shanghai International Trade Single Window. We shall promote the one-stop disclosure of THC and document fees for the main routes of the shipping companies at Shanghai Port.

xii. Continuously intensifying the supervision over port charges. We shall investigate and crack down upon the price violations such as unclear price tagging and price fraud in accordance with the law, and make disclosure to the public in a timely manner. We shall look into suspected monopolistic conduct in port operations in accordance with laws and regulations.

xiii. Strengthening the regulation of container yards outside ports. We shall urge and call on the shipping companies to publish the service rules for container cleaning, container repair and container inspection. We shall pilot the establishment of the online management system for container washing and repair based on the electronic container Equipment Interchange Receipt (EIR) platform and other platforms, and promote the “trace-leaving services and transparent charging” for container cleaning and repair. We shall conduct joint law enforcement inspections in accordance with the law at the yards where complaints are concentrated due to the high proportions of container cleaning and repair. We shall intensify the local supervision and comprehensive governance of the container yards outside ports.

III. Taking comprehensive measures to further enhance the service capabilities of ports

xiv. Improving the locally characterized functions of the Shanghai International Trade Single Window. We shall improve and expand the locally characterized functions such as visualization of Customs clearance and logistics data, trade finance and insurance and trade in services, and continuously enhance the service capacity of the Shanghai International Trade Single Window. Relying on the electronic port platforms, We shall consolidate the construction of the ports’ comprehensive container service functions, and realize the “one-stop” inquiry and handling for marine transport businesses.

xv. Driving the upgrading of infrastructure and electronic systems at ports. We shall continue to advance the upgrading and transformation of smart gates at foreign trade terminals to improve the traffic efficiency for the container trucks. Relying on the “version 2.0” upgrading of the electronic EIR platform, We shall enhance the electronic container release and accurate pick-up of empty containers.

xvi. Promoting the paperless operations in the whole process of shipping logistics at ports. Shipping companies and the port oprator are encouraged to use blockchain and other new technologies to carry out paperless exchange of bill of lading (B/L) for delivery order (D/O) and improve the efficiency of the import process. We shall step up the construction and application of the blockchain-based electronic cargo release platform for imported containers, and the Customs will support the move by providing the release information. We shall also support and guide the coordination and collaboration of the port and shipping companies and major import e-commerce companies, and continue to optimize operation procedures and expand platform functions.

xvii. Enhancing the facilitation for air logistics clearance. We shall pilot the electronic air waybills (e-AWBs), and promote paperless delivery orders. We shall also pilot the one-stop round-the-clock online payment for charges at airport terminals, and 7×24-hour online issuing of payment vouchers. We shall launch the pilot program of the online reservation system for pick-up trucks in the airport supervised storage areas to reduce the waiting time of pick-up trucks and keep the order in the supervised storage areas.

xviii. Advancing the improvement and upgrading of the infrastructure for the China-Europe freight-train service. We shall speed up the improvement of the Customs-supervised operation sites at the cargo yard of Minhang Station. Based on the needs of business development, We shall set the freight yards that meet the regulatory requirements and the dedicated inspection sites under Customs import and export supervision.

xix. Supporting the international trade distribution of medical devices. We shall support the exemption of the medical device products entering the special Customs-supervised areas from Chinese labeling, as the product labels that meet the requirements of the destination country can be affixed according to the final destination of the product.

IV. Efficiently benefiting companies and people, and further improving the overall service environment for cross-border trade

xx. Disclosing detailed time limits for port operations. We shall continue to disclose the time limits and procedures of logistics operations such as cargo transfer, shifting, loading and unloading at port and airport terminals, and post them on-site at the Shanghai International Trade Single Window and the businesses sites of port services providers’, so as to provide companies with reasonable expectations.

xxi. Promoting the visualized inquiry about the Customs clearance process. Relying on the public service platforms such as the International Trade Single Window, the port supervision agencies shall push the  clearance status information in different processes to import and export companies and port yards, so as to visualize the inquiry about the port clearance status at the Customs, maritime safety and other authorities and the whole Customs clearance process. The port yards shall provide the information push service for the operations such as arrival, container transfer, loading, port opening time, etc., thus realizing the visualized inquiry on the operation system.

xxii. Strengthening information disclosure and healthy competition in the intermediary industry. We shall announce the annual overall Customs clearance time of Customs brokers to push Customs brokers to improve service efficiency. We shall promote the “Customs participants’ comments” network for cross-border trade (https://gzdp.tongguanbao.net), build it into a service platform for exchanges and interactions between import and export companies and intermediary service companies that is more comprehensive, objective and convenient, and boost the specialized, market-based and transparent development of the intermediary services for cross-border trade.

xxiii. Offering advisory services for the technical barriers to trade (TBT) and enhancing responses to the TBT. In accordance with the characteristics of the city’s trade industry, We shall launch notifications, comments and early warnings on the measures of the WTO’s Agreement on Technical Barriers to Trade (TBT Agreement) and the Agreement on the Implementation of Sanitary and Phytosanitary Measures (SPS Agreement), so as to enhance the companies’ awareness of compliance and capacity for technological innovation and boost the companies’ operations in the world.

xxiv. Stepping up the incubation of the companies in terms of credit and the services for Customs-certified companies. We shall strengthen the promotion and training for the “Authorized Economic Operator” (AEO) system, and support and guide more companies in applying for the qualification of and becoming advanced AEOs so as to enjoy related favorable conditions. We shall optimize the Customs-company coordinator system, and more widely promote the scope of beneficiaries, with a view to establishing closer partnerships between the Customs and companies.

xxv. Improving the mechanisms for the companies’ feedback and the coordination and resolution. Through the channels such as the Shanghai International Trade Single Window, We shall push policies, measures and regulatory requirements in a timely manner. We shall improve the intelligent services of the Shanghai International Trade Single Window, and realize online acceptance, automatic response and hierarchical forwarding for user inquiries. We shall give full play to the role of the service platforms of the regulatory authorities such as the Customs Counter for Special Problems, the Customs-company coordinator system, and the WeChat official account of the Customs in promptly solving the problems reported by the companies. We shall enhance the collaboration and linkage of port departments, and effectively discover and address the problems in reform in a coordinated manner.

xxvi. Providing more financing support for foreign trade companies. We shall continue to implement a series of measures to strengthen the credit support for foreign trade companies and stabilize  foreign trade, support commercial banks in setting up special credit lines for foreign trade, further reduce the financing costs of foreign trade companies, and ensure the stability of the foreign trade supply chain and industrial chain. We shall build the connection channels between banks and companies, so as to provide convenience for companies to obtain services such as financing and settlement, small-amount credit insurance loans, and the Baoyirong service. We shall expand the financial service functions of the Shanghai International Trade Single Window, increase the coverage of the companies insured by the export credit insurance, enrich online financing products for import and export companies, and broaden financing channels.

xxvii. Giving greater play to the role of credit insurance. With the “credit insurance + guarantee” financing mode expanded, the Shanghai Policy Financing Guarantee Fund for Micro, Small and Medium-sized companies and other government financing guarantee institutions will provide guarantee support for eligible small and medium-sized foreign trade companies. We shall improve the cooperation mechanism among the government, credit insurance companies and chambers of commerce and associations, and the Shanghai branch of China Export & Credit Insurance Corporation shall further step up its underwriting efforts to ensure that all the orders in need and companies with potential are insured. We shall prioritize the settlement of insurance claims by the companies affected by the pandemic, as on the premise that the authenticity of the trade is undoubtedly clear, we shall focus on verifying the trade background and the amount of creditor's rights, appropriately relaxing the claim settlement conditions, and launch the l

oss and compensation determination procedures first.

xxviii. Building a strong line of defense against the pandemic at ports. We shall further intensify the prevention and control of the COVID-19 pandemic, continue to check people, items and environment in the prevention, tighten the responsibilities of the all parties, i.e., the locality, department, entity and individual concerned, toughen the prevention and control of the pandemic for key groups at ports, strictly conduct disinfection and ventilation of inbound aircraft and other means of transport, stringently implement all pandemic prevention and control requirements for the imported cold-chain food, carry out rigorous inspections and preventive disinfection measures for high-risk non-cold-chain container cargo, and spare no effort in all the tasks for “guarding against both imported cases and domestic resurgences”.