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外币代兑机构管理暂行办法 Order of the People's Bank of China

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中国人民银行令[2003]第6号

颁布日期:20031008  实施日期:20031101  颁布单位:中国人民银行

  [2003] No. 6

  The Interim Measures for the Administration of Foreign Currency Exchange Agencies, which were adopted at the 3rd executive meeting of the People' Bank of China on May 28th, 2003, are hereby promulgated, and shall be implemented as of November 1st, 2003.

  Zhou Xiaochuan, Governor

  October 8th, 2003

  Interim Measures for the Administration of Foreign Currency Exchange Agencies

  Article 1 The present Measures are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China, Regulations of the People's Republic of China on Foreign Exchange Administration, Regulations on Settlement and Sales of and Payment in Foreign Exchange, Interim Measures for Settlement and Sales of and Payment in Foreign Exchange by Designated Foreign Exchange Banks as well as other relevant provisions with a view to regulating the foreign exchange business of the foreign exchange agencies and safeguarding the market order.

  Article 2 The term “foreign currency exchange agencies” as mentioned in the present Measures refers to the domestic entities with legal person status (hereinafter referred to as “exchange agencies”) that have signed agreements with the domestic commercial banks or their branches (hereinafter referred to as “banks”) eligible for foreign currency exchange business (or settlement and sales of foreign exchange) and are authorized by banks to do foreign currency exchange business.

  Article 3 The foreign currency exchange business by the exchange agencies is limited to the exchange of banknotes and traveler's checks in convertible foreign currencies.

  When conducting foreign currency exchange business, the exchange agencies are limited to convert foreign currency banknotes or traveler's checks held by domestic resident individuals or non-resident individuals into RMB.

  Where a non-resident individual needs to convert his or her RMB holdings obtained from an exchange agency back into foreign currency, he or she needs to handle it with the bank that authorizes the exchange agency to conduct the currency exchange business for handling. The value of re-conversion is not allowed to exceed that of the previous conversion. Re-conversion shall be effected within 6 months as of the day of the initial conversion.

  Resident individuals are not permitted to convert the exchanged RMB back into foreign currencies.

  Article 4 The State Administration of Foreign Exchange (SAFE) and its branches shall make supervision over and regulation of the foreign currency exchange business conducted by the bank-authorized exchange agencies according to the laws and regulations.

  Article 5 The head offices of commercial banks shall establish uniform internal regulatory rules and risk management system for authorization of foreign currency exchange business.

  Authorizing banks shall, in accordance with its head office' regulatory rules and risk management system, establish regulatory rules and operational procedures. The contents shall include the following elements: regulation over foreign currency quotation of the exchange agencies; regulation over settlement of foreign currency exchange business; regulation over the application, use, invalidation, verification of foreign currency exchange receipts; risk management and cost-sharing of losses caused by currency exchanges; resolution of disputes; stipulation on currencies that can be exchanged; setting upper limits for RMB or foreign currency cash stock; and management of staff involved in foreign currency exchange business, etc.

  Article 6 The bank shall, when authorizing exchange agencies to conduct foreign currency exchange business, sign a written agreement with the exchange agencies on the authorization of foreign currency exchange business, which specifies the rights and obligations of both parties and the guidelines for disputes resolution. This written agreement shall contain the main contents of regulatory rules and operational procedures indicated in Article 5 and shall be filed in the local SAFE branch. The exchange agencies are not permitted to conduct foreign currency exchange business before the filing of the written agreement is confirmed.

  Article 7 When handling the formalities of filing, an authorizing bank shall submit the following materials:

  (1) Unified internal regulatory rules and risk management system for authorization of foreign currency exchange business formulated by its head office.

  (2) Application form of the exchange agency to conduct foreign currency exchange business.

  (3) Statement of basic information of the exchange agency.

  (4) Regulatory rules on authorizing foreign currency exchange business.

  (5) Written agreement signed on authorizing foreign currency exchange business.

  (6) Samples of foreign exchange sales statement and the seals used in the business.

  (7) Other materials required by the SAFE and its branch.

  The SAFE and its local branch shall issue a responding letter, within 30 days as of the day when such materials are received, to confirm or reject the filing. If the filing is rejected, the reason shall be explained in the aforesaid letter. The authorizing bank, which receives a letter from the Local SAFE branch rejecting the filing, shall not submit the same filing application for a second time within 6 months since the day when the responding letter is received.

  Article 8 The business venue of the exchange agencies for foreign currency exchange shall in principle be located in places with large flows of people, such as ports, airports, railway stations, piers, scenic spots, border entry areas, main commercial areas, and hotels eligible for receiving overseas guests.

  Article 9 Where an exchange agency conduct foreign currency exchange business, it shall conform to the following requirements:

  (1) Having the domestic corporate legal person status.

  (2) Having a permanent business venue.

  (3) Having at least 2 staff members to conduct foreign currency exchange business, who shall be trained by the authorizing bank, and eligible for such business.

  (4) Having equipment and related facilities that can receive accurate and timely quotation of foreign currencies from the authorizing bank.

  (5) Other conditions required by the authorizing bank.

  Article 10 An exchange agency is limited to sign the agreement on authorization of foreign currency exchange business with one bank located in the same city, and may not sign such agreements with multiple banks or with banks in other cities.

  An exchange agency may open multiple business venues for foreign currency exchange as agreed upon by the authorizing bank.

  Article 11 Where the authorizing bank terminates its agreement with the exchange agency on foreign currency exchange business, it shall file the termination with the Local SAFE branch within 10 days after the agreement is terminated.

  Article 12 An exchange agency shall hang its plate at its business venue, indicating “Foreign Currency Exchange Agency of (name of the authorizing bank)”。 The authorizing bank shall be responsible for providing and administering the format of such a plate.

  Article 13 The exchange agency shall conduct foreign exchange business according to the authorizing banks' rules on foreign currency quotation, and publish the quotation at an eye-catching position of its business venue.

  Article 14 Separate accounting shall be adopted for foreign currency exchange business of exchange agencies.

  Article 15 An exchange agency shall, when conducting foreign currency exchange business, use specified foreign currency exchange form and may not use any other forms instead. Such a form shall be provided and administering by the authorizing bank.

  The foreign currency exchange form shall contain, but not be limited to, the following information:

  Name of the customer; nationality of the customer; type of the ID certificate and the ID number; date of the exchange; type of foreign currency to be exchanged; value of the foreign currency and the RMB; and quotation of the foreign currency, etc.

  The copy of foreign currency exchange form kept by the exchange agency shall be signed by the customer and stamped by the responsible business processing staff to be validated. When filling in the currency exchange form, the exchange agency shall autotype at least three copies. One copy shall be kept by the customer, while another one shall be kept by the authorizing bank and the last one shall be kept by the exchange agency for accounting purposes. The authorizing bank and exchange agency shall keep these forms for 5 years for the purpose of later check-up.

  Where the exchange agency converts foreign currency into RMB for domestic resident individuals, it shall indicate on the currency exchange form “exchange back into foreign currency not permitted”。

  Article 16 An exchange agency shall abide by the authorizing bank's rules for the storage, surrender and upper limit on the stock of foreign currency.

  The authorizing bank shall set an upper limit on the stock of foreign currency conducted by the exchange agency, and the limit may in principle not exceed USD10, 000 or the equivalent value of foreign currencies at the conclusion of each business day.

  Article 17 The authorizing bank is responsible for the training of staff in exchange agencies engaging in foreign currency exchange business.

  Staff of exchange agencies engaging in foreign currency exchange business shall possess the following conditions:

  (1) Capability of verifying foreign currency banknotes and traveler's checks.

  (2) Corresponding knowledge of the regulations on foreign exchange administration.

  (3) Other capabilities required by the internal control system of the authorizing bank.

  Article 18 The authorizing bank shall fulfill its obligations of statistical reporting and report the foreign currency exchange business of all its authorized exchange agencies on a consolidated basis, in accordance with the Measures for Reporting of International Balance of Payments Statistics, other relevant provisions, and the reporting requirements for commercial banks when conducting the business of settlement and sales of foreign exchange.

  Article 19 The authorizing bank shall see to it that the exchange agencies are conducting foreign currency exchange business according to the agreement signed between them. In the case of improper use of currency exchange forms and/or violation of rules on quotation of foreign currency or other regulations of the SAFE, the authorizing bank shall take corrective measures and report such violations to the local SAFE branch in good time.

  Article 20 Any authorizing bank and its exchange agencies is involved in any the following act, they shall be punished by the local SAFE branch:

  (1) Where an exchange agency opens foreign currency exchange business without filing the required application materials with the local SAFE branch, the authorizing bank and the foreign currency exchange agency shall be punished by the local SAFE branch according to Article 41 of the “Regulations of the People's Republic of China on Foreign Exchange Administration”。

  (2) Those setting quotation of foreign currency in violation of the relevant regulations on exchange rate shall be punished by the local SAFE branch according to Article 43 of the Regulations of the People's Republic of China of Foreign Exchange Administration.

  (3) Where an authorizing bank fails to make sure that the exchange agencies properly use the specified form to conduct foreign currency exchange business according to the provisions, it shall be punished by the local SAFE branch according to Article 42 of the Regulations of the People's Republic of China on Foreign Exchange Administration and Article 40 of the Interim Measures for Settlement and Sales of Foreign Exchange by Designated Foreign Exchange Banks.

  (4) Where an authorizing bank and its authorized exchange agencies are found in any other violation of foreign exchange administration, they shall be punished by the local SAFE branch in accordance with the relevant rules.

  Article 21 For a foreign currency exchange agency established before the present Measures come into force, its authorizing bank shall, according to the provisions of the present Measures, do the remedial filing formalities with the local SAFE branch within 2 months after the day they come into force.

  Article 22 The present Measures shall be implemented as of November 1, 2003.

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