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国际收支统计申报办法 PROCEDURES GOVERNING THE DECLARATION AND STATISTICS ON INTERNATIONAL RECEIPTS AND PAYMENTS

2006-05-16 15:15   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on August 30, 1995, promulgated by the People's Bank of China on September 14,1995)
颁布日期:19950914  实施日期:19960101  颁布单位:中国人民银行

  Article 1 These Procedures are formulated in accordance with the Statistics Law of the People's Republic of China to improve statistics on international receipts and payments.

  Article 2 The coverage of declaration and statistics on international receipts and payments includes all economic exchanges which occur between Chinese and non-Chinese residents.

  Article 3 The term ``Chinese residents'' as referred to in these Procedures includes:

  (1) all natural persons who have resided within China over one year except students and patients from foreign countries or from the regions of Hong Kong, Macau and Taiwan and foreign staff of foreign embassies or consulates in China and their families;

  (2) Chinese citizens staying abroad for a short duration (less than one year), Chinese students studying abroad, Chinese patients seeking medical treatment abroad and staff of Chinese embassies or consulates and their families;

  (3) enterprises or institutions (including foreign investment enterprises and foreign-capital financial institutions) with legal person status established within China according to law and foreign offices quartered in China by bodies corporate abroad (not including offices quartered in China by international organizations nor foreign embassies or consulates situated in China); and

  (4) Chinese governmental organs (including Chinese embassies or consulates situated abroad), public organizations and army units.

  Article 4 These Procedures shall be applicable in all regions within China, including bonded areas and bonded warehouses set up within China.

  Article 5 The State Administration of Foreign Exchange Control shall, pursuant to the procedures prescribed by the Statistics Law of the People's Republic of China, be responsible for organizing the declaration and statistics on international receipts and payments, exercising supervision and conducting inspections, gathering, compiling and publishing statistics on the status of international receipts and payments and international investments, formulating and revising detailed rules for the implementation of these Procedures and formulating and issuing declaration and statistics forms of international receipts and payments. Various relevant government departments shall assist in the work concerning the declaration and statistics on international receipts and payments.

  Article 6 The declaration and statistics on international receipts and payments shall follow the principle of declaration by those involved in the transaction and procedures shall be adopted combining direct declaration with indirect declaration and allowing for both declaration on a deal-after-deal basis and declaration at regular intervals.

  Article 7 Chinese residents shall timely, accurately and completely declare their international receipts and payments.

  Article 8 Chinese residents who engage in business transactions with non-Chinese residents through a financial organization situated in China shall, through the same financial organization, declare the content of the transaction to the State Administration of Foreign Exchange Control or to its branches.

  Article 9 Securities exchanges and securities registration agencies that engage in external securities transactions for themselves or as agents of clients shall declare to the State Administration of Foreign Exchange Control or its branches the receipts, payments, dividends and interest distribution of such transactions.

  Article 10 Traders within China who conduct transactions in futures or futures properties for themselves or as agents of clients shall declare to the State Administration of Foreign Exchange Control or its branches the receipts and payments of such transactions.

  Article 11 Various financial organizations within China shall declare directly to the State Administration of Foreign Exchange Control or its branches the details of external transactions, including external assets and liabilities, changes in assets and liabilities, receipts and payments of relevant profits and interest, receipts and payments of the external financial service and other kinds of receipts and payments. The institutions shall also be obligated to handle matters related to declarations through them on international receipts and payments by Chinese residents.

  Article 12 Non-financial Chinese institutions who have opened an account outside of China shall declare directly to the State Administration of Foreign Exchange Control or its branches any transactions they have made with non-Chinese residents through their foreign account and shall report the balance of the account.

  Article 13 Foreign investment enterprises within China, enterprises with direct investment abroad and other non-financial organizations with external assets or liabilities shall declare directly to the State Administration of Foreign Exchange Control or its branches external assets or liabilities, changes in assets or liabilities and receipts and payments for related profits, dividends and interest.

  Article 14 The State Administration of Foreign Exchange Control or its branches may conduct sample or general surveys of the state of international receipts and payments.

  Article 15 The State Administration of Foreign Exchange Control or its branches shall have the authority to examine and check the contents of reports by Chinese residents. The declarer or relevant agency or individual shall supply all data and convenience necessary for such examinations and checks.

  Article 16 The State Administration of Foreign Exchange Control and its branches shall rigorously maintain the confidence of specific data declared and shall only utilize data for statistics on international receipts and payments. Statistical staff for international receipts and payments may not supply any agency or individual with any data in any form declared by the declarer except that otherwise provided for by law.

  Article 17 Violation of these Procedures by Chinese residents may be punished by the State Administration of Foreign Control or its branches by a warning, notice of criticism or fine in light of the seriousness of the offense.

  Article 18 If these Procedures are violated by various kinds of financial institutions, the State Administration of Foreign Exchange Control or its branches may, in light of the seriousness of the offense, issue a warning, circulate a notice of criticism, impose a fine or revoke the institution's license for foreign exchange business.

  Article 19 Any statistical staff for international receipts and payments who violate the provisions of Article 16 of these Procedures shall be punished by the State Administration of Foreign Exchange Control or its branches with administrative disciplinary measures.

  Article 20 The State Administration of Foreign Exchange Control shall draw up detailed rules and regulations for the implementation of the procedures governing declaration and statistics on international receipts and payments in accordance with these Procedures.

  Article 21 These Procedures shall come into effect as of the date of January 1, 1996.

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