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

llation of foreign exchange paid for imports and applications for issue of letters of credit； if it is necessary to purchase foreign exchange at the time of payment， valid commercial vouchers required for the method of settlement for letter of credit shall also be supplied. The original customs declaration forms for the imported goods shall be required for statements of verification and cancellation；

　　2. with respect to settlement of trade imports to be made by means of documentary collection， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports， notices of foreign exchange payment for imports and the valid commercial vouchers required for the method of settlement by documentary collection. The original customs declaration forms for the imported goods shall be required for statements of verification and cancellation；

　　3. with respect to settlement of trade imports to be made by means of remittances， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports， invoices， original customs declaration forms for the imported goods and original shipping documents； if the “consignee” on the bill of lading and the “business work unit” on the customs declaration form are not the same as the name of the purchaser set forth in the import contract， the agency agreement between the two shall also be provided.

　　4. with respect to advances on imports that do not exceed 15 per cent of the total amount of the contract， or that exceed 15 per cent of the total amount of the contract but do not exceed an equivalent value of US$100，000， payment shall be made or conversion and payment effected on the strength of the import contracts and the statements of verification and cancellation of foreign exchange paid for imports；

　　With respect to imports under items （1） to （4） above that are goods subject to import quota control or that are special products subject to imp

ort control， the licenses or import certificates issued by the relevant authority shall also be provided； with respect to imports that are goods for which a system of voluntary registration is being implemented， a completed registration form shall also be provided；

　　5. with respect to freight charges and insurance premiums for imports， payment shall be made or conversion and payment effected on the strength of the import contracts and the original receipts for such freight charges and insurance premiums；

　　6. with respect to implicit commissions that are to be paid in connection with exports and do not exceed two per cent of the total amount of the contract， and explicit commissions that are to be paid in connection with exports and do not exceed five per cent of the contract， or commissions in connection with exports that exceed the above-mentioned percentages but do not exceed an equivalent value of US$10，000， payment shall be made or conversion and payment effected on the strength of the export contracts or commission agreements， foreign exchange settlement receipts or notices of collection of accounts； with respect to freight charges and insurance premiums for exports， payment shall be made or conversion and payment effected on the strength of the export contracts and the original receipts for such freight charges and insurance premiums；

　　7. with respect to residual payments for imports， payment shall be made or conversion and payment effected on the strength of the import contracts， statements of verification and cancellation of foreign exchange paid for imports and quality certificates issued upon inspection of the goods；

　　8. with respect to incidental expenses in connection with imports and exports such as charges for materials， technology and information， etc.， payment shall be made or conversion and payment effected on the strength of the import or export contracts， statements of verification and cancellation of foreign exchange paid for imports or statements of verification and cancellation of foreign exchange received from exports， invoices or vouchers for payments received and letters of explanation signed by the person in charge of the import or export work unit；

　　9. with respect to foreign exchange to be used for the purchase of merchandise from bonded zones or for the purchase of exhibits brought into the country from outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the valid supporting documents and valid commercial vouchers specified in items （1） to （8）；

　　10. with respect to the import of intangible assets such as patent rights， copyrights， trademarks and computer software， etc.， payment shall be made or conversion and payment effected on the strength of the import contracts or agreements；

　　11. with respect to foreign exchange to be restituted to foreign parties in connection with exports， payment shall be made or conversion and payment effected on the strength of the foreign exchange settlement receipts or notices of collection of accounts， compensation agreements， claim settlement certificates and proof of set off against the foreign exchange received for exports that was cancelled after verification；

　　12. with respect to tender deposits for projects contracted for outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the tender documents； with respect to contract performance bonds and advanced payments for such projects， payment shall be made or conversion and payment effected on the strength of the contracts.

　　Article 14　With respect to the following payments for trading and non-trading business to be made to payees outside China by organizations inside the People's Republic of China， banks which operate foreign exchange business shall first effect payment from the foreign exchange accounts of their c

ustomers， or effect conversion and payment on the strength of the payment lists provided by their customers and subsequently verify the matter：

　　1. payments to be made by duty-free goods companies approved by the State Council for the import of duty-free merchandise dealt in by them within their specified scopes of business；

　　2. international coordinated transport expenses， equipment maintenance expenses， tolls on stations and airports， fuel supply charges， insurance premiums， fees for non-lease-financing arrangements， and other service charges to be paid to payees outside the People's Republic of China by civil aviation， marine and railway authorities （organizations）；

　　3. meal and allowance subsidies to be paid by civil aviation， marine and railway authorities （organizations） to personnel engaged in international operation；

　　4. fees to be paid by post and telecommunication departments in connection with their international post and telecommunications business.

　　Article 15　With respect to the following foreign exchange payments to payees outside China， organizations inside the People's Republic of China shall make payment from their foreign exchange accounts， or effect conversion and payment at a designated foreign exchange bank upon verification by the Administration of Exchange Control of their authenticity：

　　1. advances on purchases that exceed the ratios and amounts specified in item （4） of Article 13 hereof；

　　2. commissions that exceed the ratios and amounts specified in item （6） of Article 13 hereof；

　　3. payments to payees outside China in connection with entrep？t trade on the basis of advanced payments before delivery；

　　4. payment of interest on foreign debts； and

　　5. cash withdrawals in excess of an equivalent value of US$10，000.

　　Article 16　With respect to the payment of interest on foreign exchange loans taken out in the People's Republic of China from financial institutions with Chinese capital， organizations inside the People's Republic of China shall make payment from their foreign exchange accounts， or effect conversion and payment at designated foreign exchange banks， on the strength of the （On-Lent） Foreign Exchange Loan Registration Certificate， loan contract and the creditor's interest payment notice.

　　Article 17　Foreign exchange to be used for non-trading and non-commercial purposes by authorities， institutions and social organizations that are included in the financial budget shall be handled in accordance with the Financial Control of Foreign Exchange for Non-Trading and Non-Commercial Purposes Tentative Provisions.

　　Article 18　With respect to the following foreign exchange to be used for non-commercial purposes by organizations inside the People's Republic of China that are not included in the budget， payment shall be made from their foreign exchange accounts， or conversion and payment shall be effected at designated foreign exchange banks， on the strength of the specified valid vouchers：

　　1. with respect to foreign exchange to be used for the holding of exhibitions， attraction of investment， training or shooting of cinematographic and television pictures， etc.， outside the People's Republic of China， payment shall be made or conversion and payment effected on the strength of the contracts， the payment notices of the organizations outside the People's Republic of China and the approval documents of the authorities-in-charge；

　　2. with respect to foreign publicity expenses， foreign aid expenses， foreign exchange for foreign donations， membership dues for international organizations and registration and enrollm

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