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OneTouch Customs Violation Management Standard

Date of Release: August 13, 2020 Effective Date: August 20, 2020

I. Purpose

With a view to protecting the legitimate rights and interests of customers who entrust OneTouch with Customs clearance and further creating a standardized Customs clearance environment, this Standard is hereby formulated with respect to relevant violation handling measures against customers who violate this Standard.

 

II. Scope

This Standard applies to customers who choose Alibaba OneTouch to provide export services.

“Alibaba OneTouch” refers to Shenzhen OneTouch Business Service Co., Ltd. and its affiliates.

 

III. Calculation of Penalty Cycle

This Standard adopts the points system. The scoring period is calculated by violation year on a cumulative basis. "Violation year" refers to 365 days from the day on which each violation occurs. The points of each violation of a customer will be cleared one year after the day on which such points are scored (for example, if the points of a violation are scored on May 31, 2019, such points will be cleared on May 30, 2020), except that the cooperation is terminated when the cumulative score reaches 48 points.

 

IV. Methods of Violation Handling

Scoring Base

Handling Method

6 points

Increase the proportion of manual audit

12 points

Implement 12-month random loading supervision and control

18 points

Implement 6-month random loading supervision and control

24 points

Suspend ordering for one month

36 points

Suspend ordering for three months

48points

Terminate cooperation

Remarks:

  1. Increase the proportion of manual audit - Upon increasing the proportion of risk control audit over customer orders, our auditors can initiate loading supervision depending on the situation.
  2. Implement random loading supervision and control - Based on the original loading supervision and control of customers, the proportion of loading supervision and control will be increased according to different deduction scores.
  3. Under the scoring and penalty rules, OneTouch reserves the legal right to take relevant measures such as civil litigation, criminal case reporting, and administrative reporting for violations and the losses arising therefrom.
  4. "Suspend ordering" refers to temporarily closing the order-placing permission of a customer's account. During the suspension period, the customer cannot place orders via the OneTouch system.
  5. The total score of OneTouch Customs violations is 48 points. After 48 points of a customer are deducted for its violations, OneTouch will notify the customer of the termination of cooperation with the customer.

 

V. Definition and Penalty Points of Violations

Risk Control Audit Abnormalities before Customs Declaration

Definition: "Risk Control Abnormality" refers to the abnormality that a customer discovers before sending declaration data to the Customs.

Violation Category

Violations

Scoring

Description

Intellectual Property Rights

The legality of intellectual property rights fails to be proved.

Scoring for the first violation: 3 points
Scoring for the second violation: 9 points
Scoring for the third violation: 12 points

In the event of more than three violations: Termination of cooperation

When the products are imported or exported, relevant supporting documents for legality fail to be provided, or the authorization legality of the products fails to be proved, follow-up operations of this order will not be allowed to be proceeded.

Prohibited and Restricted Items

The import or export of commodities is explicitly prohibited or restricted by the State.

6 points/violation

At the same time, OneTouch will not be allowed to perform follow-up operations for this order.

Malicious Evasion of Risk Control

The customer modifies the product information of the same order for no less than three times and refuses to provide the materials so as to achieve the following aims of evading risk control audit, including but not limited to:

1. Raising tax rebate rates;

2. Evading providing regulatory documents; and

3. Exporting commodities with prohibited/restricted access.

6 points/violation

If the customer modifies or places an order for multiple times to evade risk control rules or measures, the order may be processed only after the requirements of the risk control measures are met.

The customer modifies the same order for no less than three times and refuses to provide the materials (showing the authenticity of the modifications of the unit prices) so as to achieve the aim of evading risk control audit.

The customer places the same orders for no less than three times on the same calendar day without a reasonable reason to avoid loading supervision measures.

 

 

Customs Clearance Abnormalities

Definition: "Customs Clearance Abnormality" refers to the abnormality occurring in the Customs declaration stage (including before and after Customs clearance).

Violation Category

Violations

Scoring

Description

 

 

The branded products are declared as unbranded ones.

2 points/violation

 

Customs Declaration Information

The Customs determines that the Customs declaration information is inconsistent with the information of the actual export products.

The customer deletes, modifies, or otherwise processes Customs declaration forms, and is not penalized.

2 points/violation

The customer performs acts that violate the Customs law and other relevant laws and administrative regulations, and evade Customs supervision, taxes payable, and the State’s prohibitive or restrictive regulation on entry and exit.

Customs penalties are imposed: 

Penalty amount is less than or equal to RMB 3,000

6 points/violation

If the customer who commits a violation is penalized by the Customs for more than one time in the same violation year, OneTouch will terminate its cooperation with the customer.

 

Ordering shall be suspended during the period from the occurrence of a case with significant impact to the formal closing of the case.

Penalty amount is greater than RMB 3,000 but less than or equal to RMB 10,000

9 points/violation

Penalty amount is greater than RMB 10,000 but less than or equal to  RMB 30,000

18 points/violation

Penalty amount is greater than RMB 30,000 but less than or equal to RMB 100,000

24 points/violation

Penalty amount is greater than RMB 100,000

36 points/violation

Prohibited commodities

36 points/violation

Restricted commodities

Penalty amount is less than or equal to RMB 50,000

24 points/violation

Penalty amount is greater than RMB 50,000

36 points/violation

Smuggling

36 points/violation

Smuggling crime

48 points/violation

Intellectual Property Rights

It is held by the Customs that an infringement upon intellectual property rights actually exists.

The customer cooperates to settle the case.

6 points/violation

If the customer is found by the Customs for more than one time in the same violation year to have committed an infringement, OneTouch will terminate its cooperation with the customer.

 

Ordering shall be suspended during the period from the occurrence of a case with significant impact to the formal closing of the case.

Handling with customer cooperation: refers to that the customer actively cooperates with us to reconcile with the rights holder, and bears the full settlement amount and other Customs administrative expenses related to the case. If not, the customer will be deemed to refuse cooperating to handle the case.

The fact of infringement upon intellectual property rights: refers to the infringement that has been confirmed by the Customs.

Calculation of a Customs penalty amount for infringement: the penalty amount for infringement recorded by the Customs is in general calculated according to the value of the products plus the penalty amount converted into RMB. (The actual penalty amount shall be subject to the amount calculated by the Customs)

The customer fails to cooperate with the case handling.

36 points/violation

The case is not settled, and the customer is penalized by the Customs.

36 points/violation

Violation of Rights and Interests

The materials are falsified.

48 points/violation

In the process of handling the case, the customer falsifies our information and other information required by the Customs.

The operation and qualification of our platform is affected.

The behavior of the customer causes adverse impacts and harm to the company/business qualification or platform operation of Alibaba OneTouch.

Others

Other violations

Alibaba OneTouch may handle such violations, in addition to the foregoing, based on the risk control audit and the degree of subjective malice, and according to the circumstances of the violations.

Match between Customs Declaration Forms and Orders

Definition: 1. It refers to the inconsistency between the declared Customs declaration data and the data about the orders placed via the OneTouch system which we discover through data comparison after the Customs declaration is completed; and 2. the status abnormality between the Customs declaration form and the system order.

Violation Category

Violations

Scoring

Description

Information Error

The Customs declaration materials reviewed and confirmed by us are modified or altered.

1 point/violation

Those involving the deletion or modification of Customs declaration forms and Customs penalties shall be dealt with according to the handling meausres in the process of Customs clearance.

It causes the inconsistency between the information declared to the Customs and that of the orders placed via us.

Incompliant Operation

Customs declaration forms, after being normally approved by us, are withdrawn again and modified, and are not submitted through the system.

1 point/violation

Customs declaration forms are declared to the Customs without being reviewed and confirmed by us.

The customer operates Terminate System Order after Customs declaration forms are normally approved by us.

1 point/violation

The customer terminates our system order after its declaration information is reviewed and confirmed by us.

 

The same order is declared for multiple times.

2 points/violation

 The same order has been declared for multiple times, but only one shipment is actually made.

International Embargo

A restricted destination country is declared.

3 points/violation

The customer privately modifies the destination country in the Customs declaration information to a prohibited/restricted one.

Fraudulent Use of Our Company Name

The customer does not place an order via our system, but declares to the Customs in our company name.

6 points for the first violation

18 points for the second violation

The customer uses our company name without authorization to declare to the Customs.

The order is absent of our review record, but is still declared in our name.

                   

 

VI. Description of this Standard

1. This Standard is a revised version of the Penalty Rules for Points Deduction for OneTouch Customs Violations. If it is inconsistent with the Penalty Rules for Points Deduction for OneTouch Customs Violations, this Standard shall prevail.

2. If a OneTouch customer violates this Standard, Alibaba OneTouch shall handle such violation, once found, according to the relevant provisions of this Standard.

3. OneTouch customers shall fully cooperate with Alibaba's further investigation and understanding of the alleged or suspected violations of this Standard. Failure to cooperate or provide real information may also lead to customers' triggering of the handling under the rules, and even termination of the cooperation with OneTouch.

4. If a customer violates this Standard, Alibaba OneTouch shall decide to penalize the customer pursuant to this Standard, and shall notify the customer (of the reason for, and decision on, the handling, accumulative deduction points and relevant handling, etc.) from the day on which the penalty is imposed. If the customer has any objection to the handling, the customer shall file a complaint within three working days from the day of receipt of the notice, and, in the event of failing to do so within the specified time limit, shall be deemed to have no objection thereto.

 

VII. Revision

Alibaba has the right to timely revise this Standard according to its business adjustment, and the revised version will take effect as of the effective date otherwise specified in the Standard. If the revised version is inconsistent with this Standard, the latest version shall prevail.

 

VIII. Effective Date

This Standard will come into effect on August 20, 2020. The original OneTouch Customs Violation Management Standard shall be abolished on the same day.

 

IX. Notes

1. In this Standard, "time/violation" shall be calculated as per an order placed via the system in the scenario of "Risk Control Audit Abnormalities before Customs Declaration", that is, the violations under an order shall be deemed as one violation; and, it shall be calculated as per a Customs declaration form in the scenarios of "Customs Clearance Abnormalities" and "Match between Customs Declaration Forms and Orders", that is, the violations under a Customs declaration form shall be deemed as one violation, provided that it shall be calculated separately if there are different business scenarios.
2. If the same order or Customs declaration form has multiple violations in the same business scenario, the violation with the highest scores shall prevail.

3. The amounts involved in the foregoing of which the currency system is not specified shall be made in RMB.

 

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