国务院对严厉打击卷烟走私整顿卷烟市场通告的批复

国函（1994）110号
（Approved by the State Council on October 16， 1994）
颁布日期：19941016 　实施日期：19941016 　颁布单位：国务院

　　The State Tobacco Monopoly Bureau， the Ministry¹ of Public Security， the State Administration for Industry and Commerce and the General Administration of Customs：

　　The State Council has approved the “Announcement Concerning Dealing² Severely³ With Cigarette Smuggling⁴ and Rectifying⁵ the Cigarette Market”。 You are hereby instructed to promulgate⁶ and implement⁷ said Announcement.

　　ANNOUNCEMENT CONCERNING DEALING SEVERELY WITH CIGARETTE SMUGGLING AND RECTIFYING THE CIGARETTE MARKET

　　（Promulgated⁸ on October 16， 1994， by the State Tobacco Monopoly Bureau， the Ministry of Public Security， the State Administration for Industry and Commerce and the General Administration of Customs）

　　The following Announcement is hereby issued for the purpose of safeguarding State and consumer interests， dealing severely with illegal and criminal activities related to cigarette smuggling， rectifying the cigarette market and protecting the legal rights of the national cigarette industry and related management.

　　1. Enterprises， institutions and offices， organizations or individuals engaged in illegal activities related to smuggling cigarettes， or otherwise illegally purchasing， transporting， mailing， selling or storing smuggled⁹ cigarette shall be severely punished in accordance with the related law and regulations enacted¹⁰ by the State.

　　2. Cases involving cigarette smuggling activities which constitute a crime shall be bound over to judicial¹¹ departments for investigation¹² of criminal responsibility in accordance with the law； Relevant executive departments shall handle cases in which activities do constitute a crime by confiscating¹³ smuggled goods and income earned from illegal transactions， and offenders¹⁴ will be subject to a prescribed fine.

　　3. Parties transporting imported cigarette across provinces （regions or cities） inside the borders of China shall hold a Certificate of Transport Permit issued by the State Tobacco Monopoly Bureau； Parties transporting imported cigarettes within a province （region or city） shall have a Certificate of Transport Permit issued by the Provincial¹⁵ Tobacco Monopoly Bureau. Imported cigarettes， excluding tobacco products supervised and administered by Customs， transported without a Certificate of Transport Permit shall be confiscated¹⁶ by the relevant executive department， and all parties involved shall be subject to a prescribed fine and all means of transport shall be confiscated.

　　4. Units responsible for the management of legally imported cigarettes shall hold a special permit for management of tobacco sales issued by the department responsible for tobacco monopoly； Units responsible for the management of confiscated illegally imported cigarettes shall hold a license¹⁷ as an “Enterprise Designated to Manage Confiscated Illegally Imported Cigarette” approved and issued by the State Tobacco Monopoly Bureau， or a similar license approved and issued by the Provincial Tobacco Monopoly Bureau with the authorization¹⁸ of the State Tobacco Monopoly Bureau. Said units shall replenish¹⁹ stocks via regulated channels. Units or individuals illegally managing such activities without the prescribed permits shall be penalized²⁰， all illegal goods shall be confiscated and those found in violation²¹ shall be subject to a maximum fine equal to five times the value of the goods. In serious cases， the relevant department of administration of industry and commerce shall revoke²² management licenses²³ in accordance with the law.

　　5. Enterprises， institutions and offices， organizations or individuals providing facilities for the storage， transport and mailing of smuggled cigarettes， or eventual²⁴ sale of smuggled cigarette shall be penalized. All illegal income shall be confiscated by the executive department and violators will subject to a maximum fine equal to twice the amount of illegal income； Violators who have earned no illegal income shall be subject to a fine in accordance with the seriousness of the case.

　　6. Illegally imported cigarette confiscated by executive departments shall be handed over to a tobacco auction²⁵ company established or authorized²⁶ by the State Tobacco Monopoly Bureau. Said auction company will be permitted to sell subject products to the units holding licenses as an “Enterprise Designated to Manage Confiscated Illegally Imported Cigarette” （Wholesale²⁷）； designated enterprises （wholesale） are also permitted to wholesale subject products to units holding licenses as an “Enterprises Designated to Manage Confiscated Illegally Imported Cigarette” （Retail²⁸）。 Those found in violation of the aforementioned regulations shall be penalized. Subject goods shall be confiscated by the relevant executive department and violators shall be subject to a maximum fine of three times the value of subject goods. The management qualifications of companies involved in serious cases shall be revoked²⁹. Small quantities of illegally imported cigarettes confiscated in markets shall be handed over to fixed³⁰ sales enterprises designated by the local department for tobacco monopoly. Prior to any auction， or wholesale or retail activities， the administrative³¹ department for tobacco monopoly shall label all packages or cartons containing confiscated illegally imported cigarettes as “Confiscated Smuggled Cigarettes.”

　　7. In accordance with related regulations， rewards based on merit shall be given to units or individuals who have reported， assisted in investigations³² to prevent smuggling activities and sales of smuggled cigarettes. Those found guilty of resisting， viciously attacking or otherwise threatening the well-being³³ of executive personnel during the process of checking and preventing smuggling activities， or inspecting markets， shall， in accordance with the seriousness of the case， be investigated for criminal responsibility according to law， or be penalized in accordance with provisions outlined in the “Regulations of the People's Republic of China on Administrative Penalty for Public Security”。

　　8. This Announcement shall become effective on the date of promulgation³⁴.