基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

境外外汇帐户管理规定 Administration of Foreign Exchange Accounts Outside China Provisions

2006-05-14 17:41   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the State Administration of Foreign Exchange on 12 January 1998 and effective as of 1 January 1998.)
颁布日期:19971211  实施日期:19980101  颁布单位:国家外汇管理局

  Article 1 These Provisions are formulated in accordance with the Foreign Exchange Control Regulations and the Administration of the Settlement, Sale and Payment of Foreign Exchange Provisions, in order to improve the administration of foreign exchange accounts outside the People's Republic of China of organizations inside the People's Republic of China.

  Article 2 The administration of the opening, use and closing of foreign exchange accounts outside the People's Republic of China by organizations inside the People's Republic of China shall be governed by these Provisions.

  Article 3 The State Administration of Foreign Exchange and its branches (the "Administration of Foreign Exchange") shall be the authority for the administration of foreign exchange accounts outside the People's Republic of China.

  Article 4 Organizations inside the People's Republic of China that fulfil the following conditions may open foreign exchange accounts outside the People's Republic of China:

  1. obtain recurrent occasional revenue outside the People's Republic of China, need to open a foreign exchange account outside the People's Republic of China and repatriate the revenue after centrally sorting out the same;

  2. have recurrent occasional expenditures outside the People's Republic of China and need to open a foreign exchange account outside the People's Republic of China;

  3. are engaged in project contracting outside the People's Republic of China and need to open a foreign exchange account outside the People's Republic of China;

  4. issue negotiable securities denominated in foreign currency outside the People's Republic of China and need to open a foreign exchange account outside the People's Republic of China;

  5. need to open a foreign exchange account outside the People's Republic of China due to special, business-related requirements.

  Article 5 Organizations inside the People's Republic of China that wish to open a foreign exchange account outside the People's Republic of China shall apply to the Administration of Foreign Exchange by presenting the following documents and materials:

  1. a written application which has been signed by the legal representative of the organization inside the People's Republic of China or a person authorized thereby and to which the official seal of the organization has been affixed. The application shall include such particulars as the reason for opening of the account; the currency; the maximum amount, purpose, scope of receipts and payments and term of use of the account; the bank with which the account is to be opened and such bank's location; etc.;

  2. the original and a photocopy of the business licence issued by the administration authority for industry and commerce;

  3. its internal regulations for administration of the use of accounts outside the People's Republic of China; and

  4. other documents and materials which the Administration of Foreign Exchange requires to be provided.

  Organizations inside the People's Republic of China which are engaged in the business of project contracting outside the People's Republic of China shall, in addition to providing the documents and materials mentioned above, provide the relevant project contracts. Foreign investment enterprises that wish to open foreign exchange accounts outside the People's Republic of China shall, in addition to providing the documents and materials mentioned above, provide the Foreign Exchange Registration Certificate of a Foreign Investment Enterprise and an investment certificate issued by a registered accounting firm stating that all monetary registered capital has been paid in.

  Article 6 The Administration of Foreign Exchange shall reply within 30 working days after it has received the documents and materials set forth in the preceding Article.

  Article 7 Organizations inside the People's Republic of China may open foreign exchange accounts outside the People's Republic of China only upon approval by the Administration of Foreign Exchange.

  Article 8 Organizations inside the People's Republic of China shall open their foreign exchange accounts outside the People's Republic of China in their own names. Without approval from the Administration of Foreign Exchange, they may not open foreign exchange accounts outside the People's Republic of China in the names of individuals or other legal persons.

  Article 9 When opening foreign exchange accounts outside the People's Republic of China, organizations inside the People's Republic of China shall select a bank of relatively good credit standing of the country or region in which its main foreign exchange payments and receipts occur.

  Article 10 Within 30 days after opening a foreign exchange accounts outside the People's Republic of China, organizations inside the People's Republic of China shall report information such as the name of the bank with which the foreign exchange account outside the People's Republic of China has been opened, the account number, the name of the account holder, etc. to the Administration of Foreign Exchange for the record.

  Article 11 When an organization inside the People's Republic of China handles a payment of funds into or out of its foreign exchange account outside the People's Republic of China, it shall abide by the regulations of the country or region in which the account has been opened and take practical and effective measures to control the safety of the funds in such account.

  Article 12 Organizations inside the People's Republic of China shall use their foreign exchange accounts outside the People's Republic of China in accordance with the scope of receipts and payments into and out of the account, the maximum amount of the account and the term of use of the account approved by the Administration of Foreign Exchange. They may not lease out or lend their foreign exchange accounts outside the People's Republic of China or share such accounts with others.

  Article 13 If an organization inside the People's Republic of China wishes to change the bank with which it has opened a foreign exchange account outside the People's Republic of China or wishes to change particulars such as the scope of receipts and payments, maximum amount or term of use of such account, it shall apply in advance to the Administration of Foreign Exchange and may make the change only after it has obtained approval.

  Article 14 30 working days prior to the expiration of the term of use of its foreign exchange account outside the People's Republic of China, an organization inside the People's Republic of China shall submit the account cancellation notice from the bank with which it opened such account to the Administration of Foreign Exchange for the record, repatriate the balance and provide an account list. If it needs to extend the term for use of the account, it shall apply in writing to the Administration of Foreign Exchange 30 working days prior to the expiration of the term, and may continue using the account only after the Administration of Foreign Exchange has approved the application.

  Article 15 Organizations inside the People's Republic of China shall keep complete accounts of their foreign exchange accounts outside the People's Republic of China. Within 15 working days of the beginning of each quarter, organizations inside the People's Republic of China shall provide the Administration of Foreign Exchange with photocopies of the quarterly account statements from the banks with which they have opened their accounts. Prior to

  30 January of each year, the said organizations shall provide the Administration of Foreign Exchange with written information concerning their use of funds during the preceding year.

  Article 16 If an organization inside the People's Republic of China carries out any of the following acts, the Administration of Foreign Exchange shall order rectification, cancel the foreign exchange account outside the People's Republic of China, circulate a notice of criticism and impose a fine of not less than Rmb 50,000 and not more than Rmb 300,000:

  1. violates Article 7 or 14 hereof by opening a foreign exchange account outside the People's Republic of China, or by extending the term of use of such account, without approval;

  2. violates Article 8 hereof by opening a foreign exchange account outside the People's Republic of China in the name of another person, without approval;

  3. violates Article 12 or 13 hereof by leasing out or lending its foreign exchange account outside the People's Republic of China or sharing such account with others, or by changing without approval the bank with which it has opened such account or the scope of receipts and payments or term of use of such account;

  4. violates Article 5, 10, 13, 14 or 15 hereof by providing false documents, materials or information;

  5. violates Article 10, 14 or 15 hereof by failing to provide documents and information to the Administration of Foreign Exchange; or

  6. otherwise acts in violation of these Provisions.

  Article 17 These Provisions do not apply to the opening of foreign exchange accounts outside the People's Republic of China by financial institutions.

  Article 18 The State Administration of Foreign Exchange shall be in charge of interpreting these Provisions.

  Article 19 These Provisions shall be implemented as of 1 January 1998. The Administration of Foreign Investment Enterprises' Foreign Exchange Accounts Outside China Provisions issued by the State Administration of Foreign Exchange on 7 January 1989 shall be repealed at the same date.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371