Provincial Government's "Notice on Issuing the Interim Measures for the Traceability Management of Duty-Free Goods in Hainan Free Trade Port"

Interim Measures for the Traceability Management of Duty-free Goods in Hainan Free Trade Port
Chapter I General Provisions
Article 1 In order to implement the risk prevention and control requirements of the Overall Plan for the Construction of Hainan Free Trade Port and strengthen the management of duty-free goods, these Measures are formulated in accordance with the Hainan Free Trade Port Law of the People's Republic of China and other relevant laws, regulations, rules and policies, and in combination with the actual situation of our province.
Article 2 These Measures apply to the construction of the traceability system for duty-free goods in Hainan Free Trade Port, the planning and promotion of traceability codes, and the construction of the traceability management system for duty-free goods such as resale prevention and control.
Article 3 The traceability management system for duty-free goods in Hainan Free Trade Port refers to the collection and recording of information on the import, circulation, and consumption of duty-free goods, so as to achieve traceable sources, traceable destinations, and accountability, and strengthen the management system of quality and safety management and risk control throughout the process.
Article 4 Duty-free goods refer to off-island duty-free goods and "zero tariff" imported goods consumed by residents on the island.
Article 5 The traceability code of duty-free goods in Hainan Free Trade Port (hereinafter referred to as the traceability code) is the unique identification of duty-free goods, including the duty-free logo and the product traceability function. It adopts an anti-tear and damage design, and leaves traces after the bottom is revealed.
Article 6 The commerce department of the People's Government of Hainan Province is responsible for the construction of the object code traceability system, as well as the design and promotion of the traceability code.
Customs, public security organs, finance, big data management and departments responsible for market supervision and law enforcement shall cooperate in the relevant work of duty-free goods traceability management in accordance with their respective responsibilities.
Duty-free operating enterprises shall implement the market entity responsibility for duty-free goods traceability management and be responsible for the construction of enterprise information systems.
Chapter II Object Code Traceability System Management
Article 7 The object code traceability system is deployed on the Hainan Provincial E-Government Cloud, and data sharing and exchange with Hainan's social management information platform and customs supervision system are realized through the provincial government information resource sharing and exchange platform.
Article 8 The object code traceability system is managed and maintained by the big data management department of the People's Government of Hainan Province. The big data management department manages the rights of users at all ends of the platform and ensures data security from multiple dimensions such as data security, network security, privacy security and storage security.
Article 9 The big data management department shall establish a data confidentiality system and shall not provide or share the traceability data of duty-free goods to third parties without the consent of the Hainan Provincial People's Government and the General Administration of Customs.
Chapter 3 Application and affixing of traceability codes
Article 10 Duty-free business enterprises apply for traceability code segments through the object code traceability system and associate enterprise information. The system generates traceability codes and issues them to duty-free business enterprises, and transmits data to the customs supervision system in real time.
Article 11 Duty-free business enterprises shall affix traceability codes to the smallest packaging unit of duty-free goods.
Chapter 4 Traceability Code Management
Article 12 During the activation of the traceability code, duty-free business enterprises shall ensure that the traceability code is correctly associated with duty-free goods and product information to achieve "one object, one code".
When the traceability code is associated with information in the sales link, the enterprise sales system automatically verifies the traceability code to ensure the safe use of the traceability code, the authenticity of the traceability code number, and the consistency of the number with the number in the warehouse; the data required for sales binding is provided by the customs supervision system in accordance with the principle of necessity and minimization to ensure that the data source is unique, authentic and reliable.
If the traceability code is not clearly printed, the label is damaged, the product is returned, or other associations fail, the duty-free business enterprise shall log in to the object code traceability system to unbind, cancel and reissue, and indicate the reason for unbinding or canceling.
The information on traceability code activation, product unbinding, reissue and cancellation shall be uploaded through the object code traceability system to ensure the integrity of the data during the use of the traceability code.
Article 13 During the circulation of duty-free goods, duty-free business enterprises shall properly protect the traceability code label from being deliberately damaged or contaminated to ensure that the traceability code can be effectively read. If it is accidentally damaged, a new traceability code label shall be replaced in time.
Article 14 Customs, public security organs and departments responsible for market supervision and law enforcement shall log in and scan the traceability code to query the corresponding information through handheld query devices and Haizhengtong mobile application. When logging in, the regulatory department and handheld device adopt security authentication modes such as mobile phone number plus SMS dynamic verification code to ensure query security.
Article 15 For acts that violate the provisions of these Measures, if the "Customs Law of the People's Republic of China" and "Provisional Regulations on Anti-Smuggling in Hainan Province" and other laws and regulations have set penalty provisions, the relevant departments shall impose penalties in accordance with the law; if it constitutes an act of violation of public security management, the public security organs shall impose penalties in accordance with the "Public Security Administration Punishment Law of the People's Republic of China"; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.
Chapter V Supplementary Provisions
Article 16 The specific application of these Measures shall be interpreted by the commerce department of the Hainan Provincial People's Government in conjunction with the Haikou Customs.
Article 17 These Measures shall come into force on the date of publication.