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关于骗购外汇、非法套汇、逃汇、非法买卖外汇等违反外汇管理规定行为的行政处分或者纪律处分暂行规定 Interim Provisions on Imposing Administrative or Disciplinary Punishments on Cheated or Illegal Purchase, Evasion and Illegal Buying and Selling of Foreign Exchange and Other Practices in Violation of Foreign Exchange Control Regulations

2006-05-14 16:28   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on December 16, 1998, promulgated by Decree No. 7 of the Ministry of Supervision, the Ministry of Personnel, the People's Bank of China, the General Administration of Customs and the State Administration of Foreign Exchange on January 25, 1999)
颁布日期:19990125  实施日期:19990125  颁布单位:国务院

  Article 1 These Provisions are formulated according to the Regulations of the People's Republic of China on Foreign Exchange Administration, the Interim Regulations on State Functionaries, and the Regulations on Awarding and Punishing Enterprise Staff in order to maintain the order of control over foreign exchange, punish acts in violation of foreign exchange control regulations and avoid financial risks.

  Article 2 These Provisions are applied to State functionaries and working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign economy and trade enterprises.

  Financial organs which have been approved to operate foreign exchange business mentioned in these Provisions refer to Chinese-funded banks, non-bank financial organs and their branches which have been approved to operate foreign exchange business.

  The State-owned foreign economy and trade enterprises mentioned in these Provisions refer to State-owned foreign trade companies, State-owned production enterprises which operate export and import, State-owned enterprises with operating rights of export and import and enterprises which State property holds a dominant share or occupies a leading place.

  Article 3 Where an act in violation of foreign exchange control regulations listed in these Provisions is committed, in addition to administrative penalties, administrative or disciplinary punishments shall be imposed upon the responsible persons concerned according to these Provisions; where a crime is constituted, criminal liability shall be investigated according to law.

  Article 4 Working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign economy and trade enterprises committing any one of the following acts of cheated purchase of foreign exchange, where the sum of which is not more than 100,000 US Dollars, shall be imposed the punishment of keeping on employment but placing under surveillance; where the sum of which is more than 100,000 US Dollars, they shall be imposed the punishment of dismissal.

  (1) to forge or alter vouchers and documents such as the Customs declaration sheet, import certificate, verification certificate of foreign exchange control departments, etc.;

  (2) to use, buy or sell forged or altered vouchers and documents such as the Customs declaration sheet, import certificate, verification certificate of foreign exchange control departments, etc.;

  (3) to repeatedly use vouchers and documents such as the Customs declaration sheet, import certificate, verification certificate of foreign exchange control departments, etc.;

  (4) to provide capital in RMB or other services which, they clearly know, are to be used for cheated purchase of foreign exchange;

  (5) to fraudulently purchase foreign exchange by other means.

  If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding paragraph.

  Article 5 Working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign economy and trade enterprises committing any one of the following acts of illegal purchase of foreign exchange, where the sum of which is not more than 100,000 US Dollars, shall be imposed the punishment of warning, record of demerit or record of heavy demerit; where the sum of which is not less than 100,000 US Dollars nor more than 1,000,000 US Dollars, they shall be imposed the punishment of demotion or dismissal from post; where the sun of which is more than 1,000,000 US Dollars, they shall be imposed the punishment of keeping on employment but placing under surveillance or of dismissal.

  (1) in violation the provisions of the State, to pay in RMB or reimburse in kind the money for imported goods or other similar payment which ought to be paid in foreign exchange, however, legal bartering trade shall not be included;

  (2) to pay in RMB for other persons' expenditure incurred within China while receive their foreign exchange;

  (3) to provide capital in RMB or other services which, they clearly know, are to be used for illegal purchase of foreign exchange;

  (4) to illegally purchase foreign exchange by other means.

  If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding paragraph.

  Article 6 Working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign economy and trade enterprises committing any one of the following acts of evasion of foreign exchange, where the sum of which is not more than 100,000 US Dollars, shall be imposed the punishment of dismissal form post; where the sum of which is not less than 100,000 US Dollars nor more than 1,000,000 US Dollars, they shall be imposed the punishment of keeping on employment but placing under surveillance; where the sun of which is more than 1,000,000 US Dollars, they shall be imposed the punishment of dismissal.

  (1) in violation of the provisions of the State, to deposit foreign exchange outside China;

  (2) not to sell foreign exchange to designated foreign exchange banks according to the provisions of the State;

  (3) in violation of the provisions of the State, to remit or send foreign exchange outside China;

  (4) without approval of foreign exchange control departments, to arbitrarily carry or send foreign exchange deposit certificate or foreign exchange negotiable securities outside China;

  (5) to provide capital in RMB or other services which, they clearly know, are to be used for evasion of foreign exchange;

  (6) to evade foreign exchange by other means.

  If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding paragraph.

  Article 7 Where working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign economy and trade enterprises, for a purpose of making profit, illegally buy or sell foreign exchange outside exchange places prescribed by the State, the punishment of dismissal from post shall be imposed upon them if the sum involved is not more than 50,000 US Dollars or the illegal income is not more than 10,000 RMB yuan; if the sum involved is not less than 50,000 US Dollars nor more than 100,000 US Dollars or the illegal income is not less than 10,000 RMB yuan nor more than 30,000 RMB yuan, the punishment of keeping on employment but placing under surveillance shall be imposed; if the sum involved is not less than 100,000 US Dollars or the illegal income is not less than 30,000 RMB yuan; the punishment of dismissal shall be imposed.

  If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding paragraph.

  Article 8 If a State-owned foreign economy and trade enterprise causes other people to fraudulently purchase foreign exchange or to illegally purchase foreign exchange because of its defects when operating import business as an agent, the persons in charge directly responsible and the other directly responsible persons shall be imposed disciplinary punishments; if the sum involved is not more than 100,000 US Dollars, they shall be imposed the punishment of warning, record of demerit or record of heavy demerit; if the sum involved is more than 100,000 US Dollars but less than 1 million US Dollars, they shall be imposed the punishment of demotion or dismissal form post; if the sum involved is more than 1 million US Dollars, they shall be imposed the punishment of keeping on employment but placing under surveillance or of dismissal.

  Article 9 If a financial organ which has been approved to operate foreign exchange business causes other people to fraudulently purchase, illegally purchase or evade foreign exchange because of its defects when settling exchanges, selling or paying foreign exchange or opening accounts, the persons in charge directly responsible and the other directly responsible persons shall be imposed disciplinary punishments; if the sum involved is not more than 100,000 US Dollars, they shall be imposed the punishment of warning, record of demerit or record of heavy demerit; if the sum involved is more than 100,000 US Dollars but less than 1 million US Dollars, they shall be imposed the punishment of demotion or dismissal form post; if the sum involved is more than 1 million US Dollars, they shall be imposed the punishment of keeping on employment but placing under surveillance or of dismissal.

  Article 10 Where any State functionaries commit the any one of the acts of cheated or illegal purchase, evasion and illegal buying and selling of foreign exchange and other practices in violation of foreign exchange control regulations, the punishment of demotion, dismissal form post or dismissal shall be imposed.

  Article 11 If any State functionaries of the Customs or the foreign exchange control departments collude with persons who fraudulently purchase, illegally purchase, evade or illegally buy or sell foreign exchange, and provide facilities to them, or provide service to them even clearly knowing that the vouchers or documents are forged or altered, or cause other persons to fraudulently purchase, illegally purchase, or evade foreign exchange because of their abuse of powers or practice of favoritism, the punishment of dismissal shall be imposed.

  If any State functionaries of the Customs or the foreign exchange control departments cause other persons to fraudulently purchase, illegally purchase, or evade foreign exchange because of their neglect of their duties, the punishment of demotion or dismissal for post shall be imposed, if the circumstances are serious, the punishment of dismissal shall be imposed.

  Article 12 The persons in charge directly responsible shall be imposed the punishment of warning, record of demerit or record of heavy demerit if they fail to stop or investigate and punish the acts in violation of foreign exchange control regulations happened in their unit if the circumstances are relatively serious; if the circumstances are serious, the punishment of demotion or dismissal form post shall be imposed.

  Article 13 It any State functionaries make advantage of their powers to shield acts in violation of foreign exchange control regulations or commit any other acts hindering the supervision and check over law enforcement of foreign exchange control, the punishment of dismissal for post or dismissal shall be imposed.

  If any working staff of financial organs which have been approved to operate foreign exchange business and State-owned foreign economy and trade enterprises commit the acts prescribed in the preceding paragraph, the punishment of keeping on employment but placing under surveillance or dismissal shall be imposed.

  If a unit commits the acts prescribed in the first paragraph of this Article, the persons in charge directly responsible and the other directly responsible persons shall be respectively imposed administrative or disciplinary punishment according to the provisions of the preceding two paragraphs.

  Article 14 Where persons who confess on their own initiative their acts in violation of foreign exchange control regulations and return the foreign exchange and illegal income, or take measures on their own initiative to avoid losses, or make meritorious contributions, the administrative or disciplinary punishment imposed on them may be lightened, reduced, or exempted.

  Where persons conceal the truth of facts, or produce false evidence by playing tricks, or hide or destroy evidence, or refuse to provide the relevant documents, materials or certifying papers, the administrative or disciplinary punishment shall be imposed in a heavier way or with severity.

  Article 15 If State-owned institutions independently operating import and export business and their working staff commit acts in violation of foreign exchange control regulations prescribed in these Provisions, they shall be punished by reference to these Provisions.

  Article 16 These Provisions take effect as of the date of promulgation. These Provisions are applicable to the acts in violation of foreign exchange control regulations which were committed after the effectiveness of the Regulations of the People's Republic of China on Foreign Exchange Control on April 1, 1996 and before the effectiveness of these Provisions but have not been handled.

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