--- title: "What Customs administrative penalties and criminal liabilities will be incurred for conducting illegal transit trade?" description: "When enterprises conduct transit trade，if regulatory penalties are triggered due to illegal operations such as forged documents and lack of genuine cargo rights，they will not only face customs fines and credit rating downgrades，but may also involve criminal liability. It is necessary to first identify common industry misconceptions such as empty transit and fake transit，isolate risks by retaining genuine cargo right certificates and conducting end-to-end document review，and at the same time use..." url: "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html" language: "en" type: "Q&A" category: "Entrepôt Trade Q&A" datePublished: "2026-07-04" dateModified: "2026-07-04" brand: "Zhongshen Trading China" answerCount: 9 --- # What Customs administrative penalties and criminal liabilities will be incurred for conducting illegal transit trade? ## Question I am the head of a foreign trade company based in Shanghai that specializes in transit trade with Southeast Asia. Last week, I learned that a peer was fined 2 million yuan by the customs for conducting "empty transit" trade with forged bills of lading, and was included in the joint dishonesty punishment list, unable to carry out normal cross-border customs declaration services for half a year. Last month, to evade US sanctions, we transshipped a batch of electronic components from Malaysia to Mexico. At that time, to catch the shipping schedule, the local freight forwarder we hired provided transit certificates with multiple ambiguous statements. Now I am increasingly anxious, fearing that we will be identified as fake transit trade. I would like to ask what levels of penalties will be faced if this situation is investigated? Are there actionable pre-emptive measures to stop losses? How exactly should compliant transit trade be operated to completely avoid penalty risks? ## Answers ### Answer 1 — Best Answer The common misconceptions in the current transit trade field fall into three categories: First，"empty transit" trade，which has no genuine cargo rights and only arbitrages through document circulation，second，"fake transit" trade，where goods do not actually transit across borders but only the bill of lading consignee is changed，third，deliberately forging transit records to evade sanctions. Once a violation is confirmed，chain negative reactions will escalate layer by layer: First，the customs will impose a**fine of 5%-30% of the involved cargo value**，the enterprise's credit rating will be directly downgraded to Category C/D，and customs clearance efficiency will be reduced by more than 50%，if the involved amount exceeds 500,000 yuan，criminal liability may also be triggered，suspected of smuggling ordinary goods，at the same time，the enterprise's foreign exchange account will be controlled，and cross-border foreign exchange receipts and payments will not be allowed for 1-3 years. Physical risk isolation needs to start from two aspects: First，retain real end-to-end certificates，including photos of cargo lifting at the transit country's yard，transit customs stamps，and third-party logistics warehouse receipts，second，set up an independent transit trade settlement account to physically isolate it from ordinary trade capital flows. Exclusive stop-loss tip: If you have orders suspected of violations，you need to actively submit a situation explanation before the customs investigation，supplement the supporting materials for the transit link，and entrust a qualified foreign trade agency to conduct pre-compliance review to strive for lenient or reduced penalties. **status:** accepted **Author:** Daniel Xu **Date:** 2026-07-05 ### Answer 2 If there is false declaration in the transit trade customs declaration process, the customs will impose a fine in accordance with the Regulations of the People's Republic of China on Customs Administrative Penalties, trigger price audit doubts, detain the involved goods, and the port detention fee will be charged at 0.5‰ of the daily cargo value. If it is identified as smuggling, the declaration form will be listed as an abnormal document, and all declaration forms of the enterprise within the next 12 months will be subject to targeted inspection, with the inspection rate increased to 100%. For such situations, prepare the original manifest and copies of customs release stamps from the transit country in advance, attach a "Transit Trade Truth Declaration" when declaring. If an early warning has been triggered, cooperate with the customs to defend against price audit doubts and submit real transit logistics fee vouchers to avoid escalation to smuggling filing. **status:** suggested **Author:** Lucas Liu **Date:** 2026-07-05 ### Answer 3 If the goods in transit trade do not actually arrive at the destination port through the transit country, and only complete "paper transit" by forging bills of lading, once verified by the destination port customs, the goods will be detained. Demurrage fees will be charged according to container type: the daily fee for a 20-foot container is about 150 USD, and 220 USD for a 40-foot container. Goods detained for more than 14 days will be auctioned. At the same time, the freight forwarder's qualification will be revoked by the transit country's logistics regulatory authority, and the enterprise will not be able to conduct transit trade through this path in the future. During the transit link, require logistics providers to synchronize real-time video vouchers of cargo lifting and loading, retain container entry records at the transit country's port, and cooperate with first-class freight forwarders with NVOCC qualifications to ensure that cargo rights are not transferred during the transit link. **status:** suggested **Author:** Linda Gao **Date:** 2026-07-04 ### Answer 4 If illegal transit trade involves false cross-border payments and falsely issued ordinary VAT invoices, the tax authority will impose a fine of 50%-5 times the amount of tax evasion in accordance with the Law of the People's Republic of China on the Administration of Tax Collection, recover the deducted input tax amount, and directly downgrade the enterprise's tax credit rating to Category D, making it unable to enjoy tax preferential policies for 3 years. If it is identified as a BEPS (Base Erosion and Profit Shifting) act, cross-border tax information exchange will also be triggered, and the destination country's tax authority may require the payment of excess income tax. It is necessary to establish a tax ledger for transit trade, retain logistics fee invoices and cargo inspection reports from the transit country, ensure that capital flow, cargo flow and invoice flow are consistent, and apply for VAT deferred declaration to avoid the capital occupation risk caused by advance tax payment. **status:** suggested **Author:** Evelyn Li **Date:** 2026-07-04 ### Answer 5 If there is cross-border foreign exchange receipts and payments without genuine background in transit trade, the State Administration of Foreign Exchange will impose a fine of less than 30% of the illegal amount in accordance with the Regulations on Foreign Exchange Administration, suspend the enterprise's cross-border foreign exchange receipts and payments authority for 6 months, and freeze the involved account. If arbitrage activities to evade foreign exchange control are involved, the enterprise will be included in the foreign exchange "watch list", and every subsequent foreign exchange receipt and payment will need to submit authenticity review materials, with the review period extended to 7-10 working days. Before receiving or paying foreign exchange, submit the genuine cargo right certificates and transit contracts of transit trade to the bank, use the CIPS RMB cross-border payment system to complete settlement, retain complete SWIFT message records, and ensure that the corresponding relationship between capital flow and cargo flow is traceable. **status:** suggested **Author:** Victor Sun **Date:** 2026-07-04 ### Answer 6 If transit trade is identified as an invalid contract due to violations, the enterprise shall bear liability for breach of contract and compensate the upstream and downstream customers for port detention fees and liquidated damages, which are usually 10%-20% of the contract amount. If fake transit trade to evade international sanctions is involved, class-action lawsuits by foreign law firms may also be triggered, and the enterprise's assets will be seized by foreign courts. It is necessary to add a "compliant transit" clause to the transit trade contract, clarify that the freight forwarder must provide genuine transit certificates, and purchase cross-border trade credit insurance. If losses are caused by compliance issues, stop losses through insurance claims. In addition, conduct pre-emptive checks on the sanctions compliance policies of the transit country to avoid involving sanctioned ports or logistics enterprises. **status:** suggested **Author:** Cindy Chen **Date:** 2026-07-04 ### Answer 7 When transit trade goods are inspected at the transit port or destination port, if the goods are found to be inconsistent with the bill of lading and manifest, they will be identified as fake transit trade. The on-site customs will directly detain the goods and issue a "Inspection Abnormal Notice". The involved goods need to be sent for inspection and appraisal, with an appraisal period of about 15-20 days, and the appraisal fee will be charged at 1‰ of the cargo value. If the appraisal result shows that the goods have not undergone substantial transit, the enterprise will also face the payment of anti-dumping duties at the destination port customs, with the maximum tax rate up to 100% of the cargo value. Before the goods are transited, entrust a third-party inspection institution to issue a "Transit Goods Consistency Report". During inspection, cooperate with the customs to provide details such as the goods' marks and batch numbers. If abnormalities are found, immediately apply for re-inspection to avoid misjudgment. **status:** suggested **Author:** Eric Zhou **Date:** 2026-07-04 ### Answer 8 If transit trade is disguised as general trade to defraud export tax rebates, the tax authority will recover the refunded tax and impose a fine of 1-5 times the defrauded tax amount, and the enterprise will be deprived of the right to export tax rebates for 1-3 years. At the same time, tax investigation letters will extend to upstream and downstream enterprises, triggering full-chain tax verification and affecting the enterprise's normal operations. It is necessary to strictly distinguish the tax rebate rules between transit trade and general trade. Transit trade shall not declare export tax rebates. It is necessary to separately establish a document ledger for transit trade, retain transit contracts, logistics vouchers, and foreign exchange receipts and payment records, cooperate with the tax authority's daily verification, and avoid being identified as tax rebate fraud due to document confusion. **status:** suggested **Author:** Andy Guo **Date:** 2026-07-04 ### Answer 9 Penalties caused by illegal transit trade will lead to supply chain disruption. Downstream customers will cancel orders due to goods detained in ports, and the enterprise's customer churn rate can reach 30%-50%. At the same time, suppliers will terminate cooperation, affecting subsequent cargo procurement. In addition, the enterprise's supply chain credit rating will decline, making it unable to participate in supplier tenders of large multinational enterprises. It is necessary to establish a risk early warning mechanism for transit trade, monitor the regulatory policies and logistics stability of the transit country in real time, and open up alternative transit routes. For example, take Malaysia as the main transit port and Thailand as the alternative transit port. When risks occur in the main route, it can be quickly switched to ensure the continuity of the supply chain. **status:** suggested **Author:** Michael Zhang **Date:** 2026-07-04 ## Related Categories - [Import Agency Q&A](https://www.sh-zhongshen.com/en/qa/cat-import-agency/) - [Export Agency Q&A](https://www.sh-zhongshen.com/en/qa/cat-export-agency/) - [Export Tax Rebate Q&A](https://www.sh-zhongshen.com/en/qa/cat-export-tax-rebate/) - [Customs Declaration Q&A](https://www.sh-zhongshen.com/en/qa/cat-customs-declaration/) - [Freight Forwarding Q&A](https://www.sh-zhongshen.com/en/qa/cat-freight-forwarding/) - [Forex Settlement Q&A](https://www.sh-zhongshen.com/en/qa/cat-forex-settlement/) - [General Trade Q&A](https://www.sh-zhongshen.com/en/qa/cat-general-trade/) ## Related Resources - [Trade Services](https://www.sh-zhongshen.com/en/services/) - [Trade Cases](https://www.sh-zhongshen.com/en/cases/) - [Trade Wiki](https://www.sh-zhongshen.com/en/wiki/) - [Trade Class](https://www.sh-zhongshen.com/en/guide/) - [Global Trade Services](https://www.sh-zhongshen.com/en/country/) ## Structured Data ```json [ { "@context": "https://schema.org", "@type": "QAPage", "inLanguage":"en", "isPartOf": { "@id":"https://www.sh-zhongshen.com/en/#website" }, "publisher":{ "@id":"https://www.sh-zhongshen.com/en/#organization" }, "mainEntity": { "@type": "Question", "name": "What Customs administrative penalties and criminal liabilities will be incurred for conducting illegal transit trade?", "text": "I am the head of a foreign trade company based in Shanghai that specializes in transit trade with Southeast Asia. Last week, I learned that a peer was fined 2 million yuan by the customs for conducting "empty transit" trade with forged bills of lading, and was included in the joint dishonesty punishment list, unable to carry out normal cross-border customs declaration services for half a year. Last month, to evade US sanctions, we transshipped a batch of electronic components from Malaysia to Mexico. At that time, to catch the shipping schedule, the local freight forwarder we hired provided transit certificates with multiple ambiguous statements. Now I am increasingly anxious, fearing that we will be identified as fake transit trade. I would like to ask what levels of penalties will be faced if this situation is investigated? Are there actionable pre-emptive measures to stop losses? How exactly should compliant transit trade be operated to completely avoid penalty risks?", "answerCount": 9, "upvoteCount": 3, "datePublished": "2026-07-04T22:38:43Z", "dateModified": "2026-07-04T22:44:01Z", "author": { "@type": "Person", "name": "Zhongshen Trading China", "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html" } ,"acceptedAnswer": { "@type": "Answer", "text": "The common misconceptions in the current transit trade field fall into three categories: First，"empty transit" trade，which has no genuine cargo rights and only arbitrages through document circulation，second，"fake transit" trade，where goods do not actually transit across borders but only the bill of lading consignee is changed，third，deliberately forging transit records to evade sanctions. Once a violation is confirmed，chain negative reactions will escalate layer by layer: First，the customs will impose a fine of 5%-30% of the involved cargo value ，the enterprise's credit rating will be directly downgraded to Category C/D，and customs clearance efficiency will be reduced by more than 50%，if the involved amount exceeds 500,000 yuan，criminal liability may also be triggered，suspected of smuggling ordinary goods，at the same time，the enterprise's foreign exchange account will be controlled，and cross-border foreign exchange receipts and payments will not be allowed for 1-3 years. Physical risk isolation needs to start from two aspects: First，retain real end-to-end certificates，including photos of cargo lifting at the transit country's yard，transit customs stamps，and third-party logistics warehouse receipts，second，set up an independent transit trade settlement account to physically isolate it from ordinary trade capital flows. Exclusive stop-loss tip: If you have orders suspected of violations，you need to actively submit a situation explanation before the customs investigation，supplement the supporting materials for the transit link，and entrust a qualified foreign trade agency to conduct pre-compliance review to strive for lenient or reduced penalties.", "upvoteCount": 3, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#acceptedAnswer", "datePublished": "2026-07-05T01:04:57Z", "author": {"@type": "Person","name": "Daniel Xu","url": "https://www.sh-zhongshen.com/en/team/daniel-xu/"} } ,"suggestedAnswer": [ { "@type": "Answer", "text": "If there is false declaration in the transit trade customs declaration process, the customs will impose a fine in accordance with the Regulations of the People's Republic of China on Customs Administrative Penalties, trigger price audit doubts, detain the involved goods, and the port detention fee will be charged at 0.5‰ of the daily cargo value. If it is identified as smuggling, the declaration form will be listed as an abnormal document, and all declaration forms of the enterprise within the next 12 months will be subject to targeted inspection, with the inspection rate increased to 100%. For such situations, prepare the original manifest and copies of customs release stamps from the transit country in advance, attach a "Transit Trade Truth Declaration" when declaring. If an early warning has been triggered, cooperate with the customs to defend against price audit doubts and submit real transit logistics fee vouchers to avoid escalation to smuggling filing.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-2", "datePublished": "2026-07-05T00:00:50Z", "author": {"@type": "Person","name": "Lucas Liu","url": "https://www.sh-zhongshen.com/en/team/lucas-liu/"} } , { "@type": "Answer", "text": "If the goods in transit trade do not actually arrive at the destination port through the transit country, and only complete "paper transit" by forging bills of lading, once verified by the destination port customs, the goods will be detained. Demurrage fees will be charged according to container type: the daily fee for a 20-foot container is about 150 USD, and 220 USD for a 40-foot container. Goods detained for more than 14 days will be auctioned. At the same time, the freight forwarder's qualification will be revoked by the transit country's logistics regulatory authority, and the enterprise will not be able to conduct transit trade through this path in the future. During the transit link, require logistics providers to synchronize real-time video vouchers of cargo lifting and loading, retain container entry records at the transit country's port, and cooperate with first-class freight forwarders with NVOCC qualifications to ensure that cargo rights are not transferred during the transit link.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-3", "datePublished": "2026-07-04T23:57:21Z", "author": {"@type": "Person","name": "Linda Gao","url": "https://www.sh-zhongshen.com/en/team/linda-gao/"} } , { "@type": "Answer", "text": "If illegal transit trade involves false cross-border payments and falsely issued ordinary VAT invoices, the tax authority will impose a fine of 50%-5 times the amount of tax evasion in accordance with the Law of the People's Republic of China on the Administration of Tax Collection, recover the deducted input tax amount, and directly downgrade the enterprise's tax credit rating to Category D, making it unable to enjoy tax preferential policies for 3 years. If it is identified as a BEPS (Base Erosion and Profit Shifting) act, cross-border tax information exchange will also be triggered, and the destination country's tax authority may require the payment of excess income tax. It is necessary to establish a tax ledger for transit trade, retain logistics fee invoices and cargo inspection reports from the transit country, ensure that capital flow, cargo flow and invoice flow are consistent, and apply for VAT deferred declaration to avoid the capital occupation risk caused by advance tax payment.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-4", "datePublished": "2026-07-04T23:54:13Z", "author": {"@type": "Person","name": "Evelyn Li","url": "https://www.sh-zhongshen.com/en/team/evelyn-li/"} } , { "@type": "Answer", "text": "If there is cross-border foreign exchange receipts and payments without genuine background in transit trade, the State Administration of Foreign Exchange will impose a fine of less than 30% of the illegal amount in accordance with the Regulations on Foreign Exchange Administration, suspend the enterprise's cross-border foreign exchange receipts and payments authority for 6 months, and freeze the involved account. If arbitrage activities to evade foreign exchange control are involved, the enterprise will be included in the foreign exchange "watch list", and every subsequent foreign exchange receipt and payment will need to submit authenticity review materials, with the review period extended to 7-10 working days. Before receiving or paying foreign exchange, submit the genuine cargo right certificates and transit contracts of transit trade to the bank, use the CIPS RMB cross-border payment system to complete settlement, retain complete SWIFT message records, and ensure that the corresponding relationship between capital flow and cargo flow is traceable.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-5", "datePublished": "2026-07-04T23:41:16Z", "author": {"@type": "Person","name": "Victor Sun","url": "https://www.sh-zhongshen.com/en/team/victor-sun/"} } , { "@type": "Answer", "text": "If transit trade is identified as an invalid contract due to violations, the enterprise shall bear liability for breach of contract and compensate the upstream and downstream customers for port detention fees and liquidated damages, which are usually 10%-20% of the contract amount. If fake transit trade to evade international sanctions is involved, class-action lawsuits by foreign law firms may also be triggered, and the enterprise's assets will be seized by foreign courts. It is necessary to add a "compliant transit" clause to the transit trade contract, clarify that the freight forwarder must provide genuine transit certificates, and purchase cross-border trade credit insurance. If losses are caused by compliance issues, stop losses through insurance claims. In addition, conduct pre-emptive checks on the sanctions compliance policies of the transit country to avoid involving sanctioned ports or logistics enterprises.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-6", "datePublished": "2026-07-04T23:31:25Z", "author": {"@type": "Person","name": "Cindy Chen","url": "https://www.sh-zhongshen.com/en/team/cindy-chen/"} } , { "@type": "Answer", "text": "When transit trade goods are inspected at the transit port or destination port, if the goods are found to be inconsistent with the bill of lading and manifest, they will be identified as fake transit trade. The on-site customs will directly detain the goods and issue a "Inspection Abnormal Notice". The involved goods need to be sent for inspection and appraisal, with an appraisal period of about 15-20 days, and the appraisal fee will be charged at 1‰ of the cargo value. If the appraisal result shows that the goods have not undergone substantial transit, the enterprise will also face the payment of anti-dumping duties at the destination port customs, with the maximum tax rate up to 100% of the cargo value. Before the goods are transited, entrust a third-party inspection institution to issue a "Transit Goods Consistency Report". During inspection, cooperate with the customs to provide details such as the goods' marks and batch numbers. If abnormalities are found, immediately apply for re-inspection to avoid misjudgment.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-7", "datePublished": "2026-07-04T23:17:30Z", "author": {"@type": "Person","name": "Eric Zhou","url": "https://www.sh-zhongshen.com/en/team/eric-zhou/"} } , { "@type": "Answer", "text": "If transit trade is disguised as general trade to defraud export tax rebates, the tax authority will recover the refunded tax and impose a fine of 1-5 times the defrauded tax amount, and the enterprise will be deprived of the right to export tax rebates for 1-3 years. At the same time, tax investigation letters will extend to upstream and downstream enterprises, triggering full-chain tax verification and affecting the enterprise's normal operations. It is necessary to strictly distinguish the tax rebate rules between transit trade and general trade. Transit trade shall not declare export tax rebates. It is necessary to separately establish a document ledger for transit trade, retain transit contracts, logistics vouchers, and foreign exchange receipts and payment records, cooperate with the tax authority's daily verification, and avoid being identified as tax rebate fraud due to document confusion.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-8", "datePublished": "2026-07-04T22:50:49Z", "author": {"@type": "Person","name": "Andy Guo","url": "https://www.sh-zhongshen.com/en/team/andy-guo/"} } , { "@type": "Answer", "text": "Penalties caused by illegal transit trade will lead to supply chain disruption. Downstream customers will cancel orders due to goods detained in ports, and the enterprise's customer churn rate can reach 30%-50%. At the same time, suppliers will terminate cooperation, affecting subsequent cargo procurement. In addition, the enterprise's supply chain credit rating will decline, making it unable to participate in supplier tenders of large multinational enterprises. It is necessary to establish a risk early warning mechanism for transit trade, monitor the regulatory policies and logistics stability of the transit country in real time, and open up alternative transit routes. For example, take Malaysia as the main transit port and Thailand as the alternative transit port. When risks occur in the main route, it can be quickly switched to ensure the continuity of the supply chain.", "upvoteCount": 0, "url": "https://www.sh-zhongshen.com/en/qa/illegal-transit-trade-customs-administrative-and-criminal-penalties.html#suggestedAnswer-9", "datePublished": "2026-07-04T22:44:01Z", "author": {"@type": "Person","name": "Michael Zhang","url": "https://www.sh-zhongshen.com/en/team/michael-zhang/"} } ] } }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ {"@type": "ListItem", "position": 1, "name": "Home", "item": "https://www.sh-zhongshen.com/en/"},{"@type": "ListItem", "position": 2, "name": "Q&A", "item": "https://www.sh-zhongshen.com/en/qa/"},{"@type": "ListItem", "position": 3, "name": "Entrepôt Trade Q&A", "item": "https://www.sh-zhongshen.com/en/qa/cat-entrepot-trade/"} ,{"@type": "ListItem", "position": 4, "name": "What Customs administrative penalties and criminal liabilities will be incurred for conducting illegal transit trade?"} ] } ] ```