结汇、售汇及付汇管理规定 Administration of the Settlement, Sale and Payment of Foreign Exchange Provisions

中国人民银行令[1996]年1号
（Promulgated by the People's Bank of China on 20 June 1996 and became effective as of 1 July 1996.）
颁布日期：19960620 　实施日期：19960701 　颁布单位：中国人民银行

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions are specially formulated in order to standardize acts of settlement， sale and payment of foreign exchange and to realize the convertibility of Renminbi relating to current account items.

　　Article 2　Banks which operate foreign exchange business shall handle the settlement and sale of foreign exchange， opening of foreign exchange accounts and making of payments to payees outside China in accordance with these Provisions and the scope of business approved by the People's Bank of China and the State Administration of Exchange Control.

　　Article 3　Foreign exchange revenue of organizations inside the People's Republic of China， unless otherwise provided by the State， shall be repatriated to the People's Republic of China on a timely basis.

　　Article 4　Organizations inside the People's Republic of China， individual residents， foreign establishments inside the People's Republic of China and persons who have come to China shall effect the settlement and purchase of foreign exchange， opening of foreign exchange accounts and the making of payments to payees outside China in accordance with these Provisions.

　　Article 5　Organizations inside the People's Republic of China and individual residents that handle revenue and expenditure for foreign entities through banks which operate foreign exchange business shall handle the reporting of balance of payments statistics in accordance with the Balance of Payments Statistics Reporting Procedures and related regulations.

　　PART TWO　SETTLEMENT， SALE AND PAYMENT OF FOREIGN EXCHANGE RELATING TO CURRENT ACCOUNT ITEMS

　　Article 6　With the exception of the scopes and amounts specified in Articles 7， 8 and 10 hereof， the following foreign exchange obtained by organizations inside the People's Republic of China shall be settled：

　　1. foreign exchange received from the export of goods， re-export of goods on the basis of advance payments before delivery or other transactions. Of which foreign exchange generated from trade exports and settled by means of documentary letters of credit/letters of guarantee or documentary collection may be settled on the strength of valid commercial documents. Foreign exchange generated from trade exports and settled by means of remittances shall be settled on the strength of the statements of verification and cancellation of foreign exchange received from exports；

　　2. foreign exchange received from the winning of international tenders for projects for which loans are sourced from outside the People's Republic of China；

　　3. foreign exchange received from duty-free mechandise business carried out inside the People's Republic of China under Customs supervision and control；

　　4. foreign exchange received from industries such as communications and transportation （including all means of transportation）， ports （including airports）， post and telecommunications （excluding international remittances and conversions）， advertising， consultancy， exhibition， sale by mail orders and maintenance， etc.， and from the provision of mechandise or services in all kinds of agency business；

　　5. all types of foreign exchange standard fees， fines and confiscated money， etc. received by administrative and judicial authorities；

　　6. foreign exchange received from the assignment of intangible assets such as leaseholds， copyrights， trademark rights， patent rights， non-patented technology， goodwill， etc.； however， if the above-mentioned intangible assets are owned by individuals， foreign exchange need not be settled；

　　7. foreign exchange profit repatriated by investment enterprises outside the People's Republic of China， foreign exchange rec

overed from economic assistance to foreign countries and regions， and foreign exchange revenue from assets outside the People's Republic of China；

　　8. foreign exchange received from claims against parties outside the People's Republic of China， returned foreign exchange guarantee funds， etc.；

　　9. foreign exchange received from the leasing of real property and from other foreign exchange assets；

　　10. foreign exchange revenue derived by insurance institutions from accepting foreign exchange insurance；

　　11. net revenue from foreign exchange business of financial institutions that have obtained a Foreign Exchange Business Operation Permit；

　　12. foreign exchange received from foreign donations， financial assistance and aid； and

　　13. other foreign exchange to be settled， as specified by the State Administration of Exchange Control.

　　Article 7　With respect to the following foreign exchange， organizations inside the People's Republic of China （except for foreign investment enterprises） may apply to the State Administration of Exchange Control or a branch thereof （hereafter， “Administration of Exchange Control”） for approval to open foreign exchange accounts with banks which operate foreign exchange business and to effect foreign exchange settlement in accordance with regulations：

　　1. business-related current foreign exchange payments received by companies engaged in project contracting outside the People's Republic of China， or in the provision of labour services to， technological cooperation with， or other services to， entities outside the People's Republic of China in the course of their engagement in such business；

　　2. foreign exchange that is collected and paid on behalf of their principals by organizations acting as agents in business with foreign entities or with entities outside the People's Republic of China；

　　3. foreign exchange collected on a temporary basis for future payment or settlement， including tender deposits， performance bonds， foreign exchange received from entrep？t trade on the basis of making payments after delivery， foreign exchange remittances by the post and telecommunications authorities in their international remittance business， advance payments of foreign currency received by Category 1 travel services from foreign tourism organizations， foreign exchange received by the railway authorities from their engagement in transportation outside the People's Republic of China at guaranteed prices， foreign exchange bonds collected by Customs and security payments， etc. that are remitted from outside the People's Republic of China； and

　　4. premiums for foreign exchange insurance accepted by insurance institutions， premiums for insurance that is reinsured with insurance companies outside the People's Republic of China and premiums not yet settled.

　　The above-mentioned net foreign exchange revenue shall be sold to designated foreign exchange banks in full within a specific time.

　　Article 8　Foreign exchange donations and subsidies and foreign exchange specified in aid contracts to be used to make payments outside the People's Republic of China may be retained only upon the approval of the Administration of Exchange Control.

　　Article 9　Foreign exchange within the following scope may be retained：

　　1. foreign exchange of foreign embassies and consulates as well as international organizations in the People's Republic of China， and of establishments inside the People's Republic of China of other legal persons outside the People's Republic of China； and

　　2. foreign exchange of individual residents and of persons who have come to China.

　　Article 10　Foreign exchange revenue relating to current account items of foreign investment enterprises may be retained as foreign currency up to the maximum amount specified by the Administration of Exchange Control. The portion in excess of

such amount shall be sold to a designated foreign exchange bank or through a foreign exchange swap centre.

　　Article 11　With respect to cash settlements of foreign exchange in excess of an amount equivalent to US$10，000， the person effecting the settlement shall provide authentic proof of identification and proof of the source of the foreign exchange to the designated foreign exchange bank. After registering the settlement， the designated foreign exchange bank shall report to the Administration of Exchange Control for the record.

　　Article 12　Organizations inside the People's Republic of China， individual residents， foreign establishments inside the People's Republic of China and persons who have come to China that are permitted to open foreign exchange accounts pursuant to Articles 7， 8， 9 and 10 hereof shall handle account opening procedures with banks which operate foreign exchange business in accordance with relevant regulations concerning the administration of foreign exchange accounts.

　　Article 13　With respect to the following foreign exchange to be used for making payments for trading and non-trading business to payees outside China， organizations inside the People's Republic of China shall make payments from their foreign exchange accounts， or effect conversion and payment at designated foreign exchange banks on the strength of valid commercial vouchers based on the method of payment and on the strength of specified valid supporting documents：

　　1. if it is necessary to purchase foreign exchange upon issue of letter of credit with respect to settlement of trade imports to be made by means of documentary letters of credit/letters of guarantee， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cance

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