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金融机构代客户办理即期和远期外汇买卖管理规定 PROVISIONS ON ADMINISTRATION OF BUY AND SALE OF SPOT AND FORWARDFORE IGN EXCHANGE BY FINANCIAL INSTITUTES ON CLIENTS' BEHALF

2006-05-18 13:25   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on December 13, 1987, promulgated by the State Administration of Foreign Exchange Control on March 5, 1988)
颁布日期:19880305  实施日期:19880305  颁布单位:国家外管局

  Article 1 These Provisions are formulated in order to guard against the risks of foreign exchange rate, stabilize the costs of import and export trade (including other foreign economic activities) and develop the businesses of buy and sale of spot and forward foreign exchange.

  Article 2 The Bank of China may be entrusted to buy and sell spot and forward foreign exchange by departments, organizations, enterprises, institutions and other units (hereinafter referred to as the client) in the territory of China. Other financial institutions intending to conduct the businesses mentioned in the preceding paragraph shall be approved by the State Administration of Foreign Exchange Control.

  Article 3 Buy and Sale of foreign exchange referred to in these Provisions means the buy and sale conducted among various convertible currencies.

  Article 4 The client intending to entrust the Bank of China or other financial institutions approved by the State Administration of Foreign Exchange Control (hereinafter referred to as the designated financial agency) on its behalf to buy and sell spot and forward foreign exchange shall be approved by the State Administration of Foreign Exchange Control or its local departments except for the following two situations:

  1) Specialized banks, financial institutions and foreign invested enterprises with foreign investment with approval to conduct foreign exchange businesses, for their self-owned or self-raised capitals of foreign exchange, may buy and sell spot or forward foreign exchange by themselves in the international financial market or entrust the designated financial agencies to handle such businesses.

  2) Other clients not stipulated in the above paragraph who borrow foreign exchange in cash within or out of China and receive, with permission, donated foreign exchange, upon the approval to open cash account of foreign exchange in financial institutions within China, may entrust the designated financial agencies to buy and sell on their behalf spot or forward foreign exchange according to the foreign trade contracts or other economic agreements.

  Article 5 The principle of voluntariness shall be adhered to in the transactions of buy and sale of spot and forward foreign exchange.

  Article 6 The designated financial agency which is entrusted by a client to buy and sell spot and forward foreign exchange shall base the transaction on the foreign trade contracts or economic agreements signed by the client, but transactions entrusted by the financial institutions with approval to conduct foreign exchange and enterprises with foreign investment are excepted.

  Article 7 When the designated financial agency is entrusted by a client to buy and sell spot or forward foreign exchange, the client shall provide performance guarantee. Mortgage of foreign exchange quota or advance payment of performance bond in cash may be used as the performance guarantee.

  The letter of guarantee for RMB at equal value issued by the deposit bank shall be simultaneously provided in case the foreign exchange quota is mortgaged as guarantee. In case the foreign exchange quota is settled ahead of time into foreign exchange in cash to pay the performance bond in advance, the settlement is limited to using US dollar.

  Article 8 When a client buys and sells forward foreign exchange, application and copies of trade contracts or other economic agreements shall be submitted to the local department of foreign exchange control in accordance with the stipulation of Article 6. After being examined and approved by the department of foreign exchange control, the client may entrust the designated financial agency to buy forward foreign exchange by presenting the approval documents of the department of foreign exchange control.

  Article 9 In case the foreign exchange quota is settled ahead of time into foreign exchange in cash to pay the performance bond in advance, the department of foreign exchange control shall endorse the payment notice of foreign exchange quota issued by the client with the date and its stamp and shall deduct the foreign exchange ration. The client in the same city shall within 3 working days after the date of the endorsement (7 working days for the client in a different city) buy US dollars from the quota and deposit them into the account of “specific guarantee deposit” in the designated financial agency.

  In case the foreign exchange quota is mortgaged, the department of foreign exchange control shall transfer the foreign exchange quota mortgaged by the client to the account of foreign exchange quota in the designated financial agency.

  In case the option transaction is entrusted by the client, only foreign exchange quota can be mortgaged as guarantee, but the insurance premium of option which should be paid upon conclusion of the transaction may be settled in advance into foreign exchange in cash.

  Article 10 When the designated financial agency is entrusted to buy and sell spot and forward foreign exchange, if the client uses the foreign exchange quota to settle ahead of time into foreign exchange in cash and pay the performance bond in advance for the transaction of forward foreign exchange, the designated financial agency shall check and calculate through the account of “specific guarantee deposit”; but if the client uses the cash of foreign exchange originally owned to pay the performances bond in advance for the transaction of forward foreign exchange, the designated financial agency shall still check and calculate through the account of “guarantee deposit”。

  Article 11 In case the date of import payment is behind the date of delivery, if the foreign exchange quota is settled ahead of time into foreign exchange in cash, designated financial agency shall redeposit temporarily the cash position derived from the delivery into the account of “specific guarantee deposit”; and if the cash of foreign exchange originally owned is used, the designated financial agency shall re-deposit the cash position derived from the delivery into the account of “guarantee deposit”

  Article 12 The authority to interpret these Provisions resides in the State Administration of Foreign Exchange Control.

  Article 13 These Provisions shall enter into force as of the date of promulgation.

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