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结汇、售汇及付汇管理暂行规定 INTERIM PROVISIONS FOR THE CONTROL OF FOREIGN EXCHANGE SETTLEMENTS, SALES AND PAYMENTS

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中国人民银行令第3号
(Approved by the State Council on March 25, 1994 and Promulgated by Decree No. 3 of the People's Bank of China on March 26, 1994)
时效性:失效  颁布日期:19940326  实施日期:19940401  失效日期:19960701  颁布单位:中国人民银行

  Chapter I General Provisions

  Article 1 These Provisions are formulated in order to standardize methods of foreign exchange settlement, sale and payment and to achieve conditional convertibility of Renminbi under current payment items.

  Article 2 A designated foreign exchange bank shall conduct such business operations as settlement of foreign exchange, sale of foreign exchange, opening of foreign exchange accounts and payment to foreigners in accordance with these Provisions.

  Article 3 The various foreign exchange earnings derived by any domestic enterprise, public institution, government organ or social organization (hereinafter referred to as “domestic organization”) must be promptly remitted back into Chinese territory, and foreign exchange settlements, sales, opening of foreign exchange accounts and payments to foreigners shall be conducted pursuant to these Provisions.

  Chapter II Settlement of Foreign Exchange

  Article 4 Apart from those items included within the scope of foreign exchange earnings prescribed in Articles 5 and 6 of these Provisions, the following foreign exchange earnings derived by domestic organizations must all be cleared and sold to designated foreign exchange banks:

  (1) foreign exchange earnings derived from the export of goods or goods in transit for which payment is received before collection and from other trading activities:

  (2) foreign exchange earnings gained through the winning of bids under overseas loans:

  (3) foreign exchange earnings gained through dealing in duty free commodities within Chinese territory under the supervision and administration of Customs:

  (4) foreign exchange earnings gained by providing commodities or services in such industries and various types of agency business as transport (including all types of transport), port-related business (including seaports and airports),post and telecommunications (not including international remittances), tourism, advertising, consultancy, exhibitions, sales commission, maintenance and repair, etc;

  (5) various foreign exchange income from the payment of stipulated fees, fines and confiscated funds derived by the administrative and judicial organs;

  (6) foreign exchange earnings gained through the assignment of intangible assets such as land use rights, copyrights, trademark rights, patent rights, technology with non-patent rights and goodwill, etc;

  (7) foreign exchange earnings gained through sales of real estate and other assets to overseas buyers;

  (8) foreign exchange profits remitted back into Chinese territory by overseas investment enterprises, foreign exchange recovered under foreign economic aid projects and foreign exchange earnings gained from overseas assets;

  (9) foreign exchange earnings gained through claims against foreign parties and returned foreign exchange guarantee funds;

  (10) foreign exchange earnings gained through undertaking foreign exchange insurance by insurance institutions;

  (11) foreign exchange earnings gained through foreign exchange business operations by financial institutions which have obtained a “Licence to Engage in Foreign Exchange Business Operations”;

  (12) foreign exchange earnings gained through overseas donations of gifts, sponsorship and aid:

  (13) other foreign exchange earnings which shall be settled as stipulated by the State Administration of Exchange Control.

  Article 5 For the following types of foreign exchange, domestic organizations may apply to the State Administration of Exchange Control or its branches (hereinafter referred to as “the Administration of Exchange Control”) to open foreign exchange accounts with designated foreign exchange banks in order to carry out foreign exchange settlement pursuant to the regulations:

  (1) business transaction foreign exchange received in the course of engaging in overseas contract projects, the provision of labor services overseas, technical cooperation and other business service operations by companies concerned;

  (2) foreign exchange withheld to be paid by organizations which act as agents in undertaking foreign business operations or business operations abroad;

  (3) foreign exchange temporarily withheld to be paid or to be settled, including bid bonds, down-payments to guarantee fulfillment of contract remitted from overseas, foreign exchange gained through transit trade with collection before payment, foreign exchange business remitted by post and telecommunications offices, advance payments of foreign exchange received from foreign tourist organizations by first class travel services, foreign exchange gained through overseas insured transportation business operations by railway departments and foreign exchange guarantee funds and mortgage funds received by Customs authorities;

  (4) insurance premiums gained through acceptance of foreign exchange insurance to be used for overseas reinsurance but which has not yet been settled by insurance institutions.

  Earnings gained through settlement of the aforesaid types of foreign exchange on time and in accordance with the accounting system shall all be cleared and sold to designated foreign exchange banks.

  Article 6 Foreign exchange which falls within the following scope need not be settled and may have foreign exchange accounts opened with designated foreign exchange banks:

  (1) foreign exchange to be used for State-approved specific purposes of repayment of domestic and overseas debts which have been examined by the Administration of Exchange Control;

  (2) donated foreign exchange to be used for overseas payments as stipulated in a donation agreement;

  (3) foreign exchange gained through overseas borrowings and the issue of foreign currency bonds and shares;

  (4) foreign exchange remitted into Chinese territory as investment by legal or natural persons overseas;

  (5) foreign exchange possessed by foreign diplomatic missions in China, the representative offices of international organizations and other overseas legal persons;

  (6) foreign exchange possessed by foreign investment enterprises;

  (7) foreign exchange owned by resident individuals and individuals coming to China.

  Article 7 A domestic organization which is permitted to open foreign exchange accounts as stipulated in Article 5 and 6 of these Provisions shall carry out the procedures for opening foreign exchange accounts with a designated foreign exchange bank by presenting a document of opening a foreign exchange account issued by the Administration of Exchange Control.

  Chapter III Sale of Foreign Exchange

  Article 8 Foreign exchange used for the following trade and non trade operational payments to foreigners by domestic organizations shall be converted and paid at a designated foreign exchange bank by presentation of valid commercial documents in relation to payment method and the listed valid documents:

  (1) licences issued by the relevant departments, or import documents and corresponding import contracts, shall be presented for the import of goods subject to import quota control or for specific goods under import control;

  (2) corresponding registration certificates and import contracts shall be presented for the import of goods subject to the automatic registration system;

  (3) apart from the aforesaid two items, an import contract shall be presented for other goods imported in accordance with the State regulations for import control.

  For advance payments (within the prescribed proportion), guarantee funds for opening Letters of Credit, remaining payments, transportation fees, insurance premiums and subsidiary expenses under import items as stipulated in the aforesaid items (1) to (3), and commissions (within the prescribed proportion), transportation fees, insurance premiums and subsidiary expenses under export items, the valid documents as stipulated in the aforesaid items (1) to (3), or relevant documents of approval, shall be presented;

  (4) foreign exchange used to purchase commodities from bonded zones and bonded warehouses, and to purchase items from foreign exhibitions held in China, the valid documents stipulated in the aforesaid items (1) to (3) shall be presented;

  (5) import contracts or agreements shall be presented for the import of intangible assets such as patent rights, copyrights, trademark and computer software, etc;

  (6) for foreign exchange to be used to pay compensation to foreigners under export items, the exchange settlement sheet, claim agreement, certificate of settlement of claim and certificate for the refund of foreign exchange shall be presented;

  (7) bidding documentation shall be presented for bid bonds to be used for overseas contract projects, and contracts shall be presented for down payment of guarantee for fulfillment of contracts and project funds to be paid on behalf of another party.

  Article 9 Foreign exchange used for the following trade and non trade operational payments to foreigners by domestic organizations shall first be converted and paid at designated foreign exchange banks based on the detailed account of payments provided by the customer which shall then be examined and verified:

  (1) import processing contracts approved by foreign economic relations and trade departments shall be presented for the import of materials involved in processing for re-export;

  (2) payments for the import of duty-free commodities within the prescribed scope of business operations made by duty-free companies which have been approved by the State Council;

  (3) international through freight costs, cost of maintenance of equipment, station, airport and seaport fees, fuel supply fees, insurance premiums, non-financing lease fees and service charges to be paid to foreigners by civil aviation, ocean shipping and railway departments;

  (4) food allowances and subsidies to be paid to international operational personnel by civil aviation, ocean shipping and railway departments;

  (5) expenses paid for international postal services and telecommunications by post and telecommunications departments.

  Article 10 Foreign exchange used for the following trade and non trade operational payments to foreigners by domestic organizations shall be converted and paid at designated foreign exchange banks against foreign exchange sales notices issued by the Administration of Exchange Control:

  (1) advance payments for goods and commissions which are in excess of the prescribed proportions;

  (2) payments to foreigners incurred in the course of making payments before collection under transit trade items.

  Article 11 Foreign exchange which is used within the limits of the financial budget by organs, public institutions and social organizations for non-trade and non-profit purposes shall be handled in accordance with the “Interim Provisions Regarding Financial Administration of Non-trade and Non-profit Foreign Exchange”。

  Article 12 Foreign exchange which is without the financial budget and used for the following non-profit purposes by domestic organizations shall be converted and paid at designated foreign exchange banks against the foreign exchange sales notices issued by the Administration of Exchange Control:

  (1) foreign exchange to be used to hold exhibitions and investment-seeking symposia, and to conduct training and to make film and television programs abroad, etc;

  (2) costs of external publicity, aid to foreign countries, foreign exchange donated to foreign parties, membership dues to international organizations;

  (3) establishment costs and funds used for the establishment of representative offices or administrative bodies overseas;

  (4) examination fees paid to foreigners by the overseas examination coordination center of the State Education Commission;

  (5) foreign exchange which is used for other non-profit purposes.

  Article 13 Foreign exchange which is used for the following non trade and non-profit purposes by individuals shall be converted and paid at designated foreign exchange banks authorized by the Administration of Exchange Control pursuant to the relevant regulations:

  (1) Renminbi wages, living expenses and subsidies for leaves of absence from work received by foreign experts who have been employed by domestic organizations and which require conversion into foreign exchange;

  (2) foreign exchange used by individuals when leaving the country for personal reasons and for visiting and entertainment purposes by individuals;

  (3) retirement, severance and discharge payments and disabled person pensions which require the purchase of foreign exchange for remittance overseas to individuals who have settled overseas;

  (4) foreign exchange specifically used for the purchase of small amounts of medicine and medical equipment through the mail from overseas by domestic resident individuals.

  Article 14 The following types of foreign exchange used under capital financing items by domestic organizations shall be converted and paid at designated foreign exchange banks by presentation of the following listed documents:

  (1) loan agreement and notice of loan principal and interest required repayments issued by creditor institutions shall be presented for repayment of principal and interest on foreign exchange loans issued by domestic financial institutions using their own funds;

  (2) guarantee contract and payment notice issued by creditor institutions shall be presented for foreign exchange used for domestic guarantees to fulfill contracts;

  (3) resolutions of distribution of profits proposed by a board of directors and tax receipts shall be presented for dividends paid in foreign currency which have been approved by the State.

  Article 15 The following types of foreign exchange used for capital financing items by domestic organizations shall firstly be declared to the Administration of Exchange Control by presentation of the following listed valid documents and shall then be converted and paid at designated foreign exchange banks by presenting documents of examination and approval issued by the Administration of Exchange Control:

  (1) Foreign Debt Registration Certificates or Foreign Exchange (Transferred) Loan Registration Certificates and notice of loan principal and interest required repayments issued by creditor institutions shall be presented for repayment of foreign debts or foreign exchange (transferred) loan principal, interest and expenses;

  (2) guarantee contracts, Foreign Exchange Guarantee Registration Certificates issued by the Administration of Exchange Control and payment notice issued by overseas organizations shall be presented for foreign exchange used to provide a foreign exchange guarantee overseas in order to fulfill a contract;

  (3) a document of approval issued by a project examination and approval department and an investment contract shall be presented for overseas investment funds to be remitted abroad;

  (4) a document of approval issued by a project examination and approval department and a contract shall be presented for registered funds contributed in foreign exchange by Chinese investors in a foreign investment enterprise as required and which has been approved.

  Article l6 Legal Renminbi income (such as visa fees and certification fees, etc.) derived by foreign diplomatic missions in China which is required to be remitted overseas shall be converted and paid at designated foreign exchange banks authorized by the Administration of Exchange Control.

  Legal Renminbi income (such as passenger-cargo freight received by representative offices of foreign airlines or ocean-shipping companies in China) derived by overseas organizations with legal person status in China which is required to be remitted overseas must be declared to the Administration of Exchange Control by presentation of certification documents and shall then be converted and paid at designated foreign exchange banks by presentation of the foreign exchange sales notice issued by the Administration of Exchange Control.

  Article 17 Renminbi which has not been used up, when leaving the country, by foreigners, overseas Chinese and Hong Kong, Macao and Taiwanese compatriots who came to China for a temporary stay, may be converted back into foreign exchange by presentation of their passport and original conversion sheets (valid for a period of six months) for taking out of China.

  Chapter IV Payment of Foreign Exchange

  Article 18 Where a foreign exchange account exists and payment usage conforms to the prescribed scope of using a foreign exchange account, the balance of that foreign exchange account may first be used to make all external payments, where foreign exchange payments are outside the prescribed scope of using a foreign exchange account is insufficient to make payments, the foreign exchange may be purchased in order to make external payments.

  Article 19 Where external payments are made from a foreign exchange account, these shall be examined by the bank at which the foreign exchange account is opened according to prescribed scope of revenue and expenditure of the foreign exchange account and pursuant to the relevant provisions of Chapter III of these Provisions, and the payments shall be made.

  Article 20 A payment made through purchase of foreign exchange or made from a foreign exchange account must be handled within the time limit prescribed in the settlement method or in the contract, and external payments shall not be made in advance.

  Article 21 Where repayment of overseas loan principal and interest is required to be made ahead of the prescribed time, it shall first be subject to approval by the Administration of Exchange Control, after which foreign exchange may be purchased in order to make the external payment.

  Chapter V Supplementary Provisions

  Article 22 In order to prevent exchange rate risks for units with forward payment contracts or debt repayment agreements, the designated foreign exchange banks may conduct forward deals between Renminbi and foreign currencies and other value maintenance operations.

  Article 23 Payments for import under barter trade shall not be made through the purchase of foreign exchange or from foreign exchange accounts.

  Article 24 A designated foreign exchange bank shall open an account with 50% of the amount of exchange settled by an export enterprise for that export enterprise. The exchange used for expanding its exports (including for import processing, packing materials, export base, claims and settlement of claims, transport costs and insurance premiums, after-sales service and other subsidiary trade expenses) required by an export enterprise shall be handled for conversion and payment pursuant to the provisions of articles 8 and 9 of these Provisions from the account balance by the bank handling conversion and payment.

  Article 25 A designated foreign exchange bank shall submit exchange settlement, sales and payment statements to the Administration of Exchange Control every 10 days.

  Article 26 A domestic organization may select a designated foreign exchange bank within its registered area to carryout business operations such as the opening of foreign exchange accounts, settlement and purchase of exchange, and these activities shall be reported to the Administration of Exchange Control for the record.

  Financial institutions engaging in foreign exchange business operations and domestic organizations which conduct exchange settlement, sale and payment business shall, without preconditions, accept the supervision and inspection of the Administration of Exchange Control and shall produce and provide relevant documents.

  Article 27 If a party violates these Provisions, the Administration of Exchange Control may impose such punishment as warnings, fines or suspension of exchange settlement, sale and payment for business operations.

  Article 28 The provisions of Chapter III of these Provisions shall not apply to foreign investment enterprises.

  Article 29 The State Administration of Exchange Control shall be responsible for the interpretation of these Provisions.

  Article 30 These Provisions shall become effective on April 1, 1994. In the event of any conflict between these Provisions and other relevant legislation promulgated previously, these current Provisions shall prevail.

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