结汇、售汇及付汇管理暂行规定 INTERIM PROVISIONS FOR THE CONTROL OF FOREIGN EXCHANGE SETTLEMENTS, SALES AND PAYMENT

tions and trade departments shall be presented for the import of materials involved in processing for re-export；

　　（2） payments for the import of duty-free commodities within the prescribed scope of business operations made by duty-free companies which have been approved by the State Council；

　　（3） international through freight costs， cost of maintenance of equipment， station， airport and seaport fees， fuel supply fees， insurance premiums， non-financing lease fees and service charges to be paid to foreigners by civil aviation， ocean shipping and railway departments；

　　（4） food allowances and subsidies to be paid to international operational personnel by civil aviation， ocean shipping and railway departments；

　　（5） expenses paid for international postal services and telecommunications by post and telecommunications departments.

　　Article 10 Foreign exchange used for the following trade and non trade operational payments to foreigners by domestic organizations shall be converted and paid at designated foreign exchange banks against foreign exchange sales notices issued by the Administration of Exchange Control：

　　（1） advance payments for goods and commissions which are in excess of the prescribed proportions；

　　（2） payments to foreigners incurred in the course of making payments before collection under transit trade items.

　　Article 11 Foreign exchange which is used within the limits of the financial budget by organs， public institutions and social organizations for non-trade and non-profit purposes shall be handled in accordance with the “Interim Provisions Regarding Financial Administration of Non-trade and Non-profit Foreign Exchange”。

　　Article 12 Foreign exchange which is without the financial budget and used for the following non-profit purposes by domestic organizations shall be converted and paid at designated foreign exchange banks against the foreign exchange sales notices issued by the Administration of Exchange Control：

　　（1） foreign exchange to be used to hold exhibitions and investment-seeking symposia， and to conduct training and to make film an

d television programs abroad， etc；

　　（2） costs of external publicity， aid to foreign countries， foreign exchange donated to foreign parties， membership dues to international organizations；

　　（3） establishment costs and funds used for the establishment of representative offices or administrative bodies overseas；

　　（4） examination fees paid to foreigners by the overseas examination coordination center of the State Education Commission；

　　（5） foreign exchange which is used for other non-profit purposes.

　　Article 13 Foreign exchange which is used for the following non trade and non-profit purposes by individuals shall be converted and paid at designated foreign exchange banks authorized by the Administration of Exchange Control pursuant to the relevant regulations：

　　（1） Renminbi wages， living expenses and subsidies for leaves of absence from work received by foreign experts who have been employed by domestic organizations and which require conversion into foreign exchange；

　　（2） foreign exchange used by individuals when leaving the country for personal reasons and for visiting and entertainment purposes by individuals；

　　（3） retirement， severance and discharge payments and disabled person pensions which require the purchase of foreign exchange for remittance overseas to individuals who have settled overseas；

　　（4） foreign exchange specifically used for the purchase of small amounts of medicine and medical equipment through the mail from overseas by domestic resident individuals.

　　Article 14 The following types of foreign exchange used under capital financing items by domestic organizations shall be converted and paid at designated foreign exchange banks by presentation of the following listed documents：

　　（1） loan agreement and notice of loan principal and interest required repayments issued by creditor institutions shall be presented for repayment of principal and interest on foreign exchange loans issued by domestic financial institutions using their own funds；

　　（2） guarantee contract and payment notice issued by creditor institutions shall be presented for foreign exchange used for domestic guarantees to fulfill contracts；

　　（3） resolutions of distribution of profits proposed by a board of directors and tax receipts shall be presented for dividends paid in foreign currency which have been approved by the State.

　　Article 15 The following types of foreign exchange used for capital financing items by domestic organizations shall firstly be declared to the Administration of Exchange Control by presentation of the following listed valid documents and shall then be converted and paid at designated foreign exchange banks by presenting documents of examination and approval issued by the Administration of Exchange Control：

　　（1） Foreign Debt Registration Certificates or Foreign Exchange （Transferred） Loan Registration Certificates and notice of loan principal and interest required repayments issued by creditor institutions shall be presented for repayment of foreign debts or foreign exchange （transferred） loan principal， interest and expenses；

　　（2） guarantee contracts， Foreign Exchange Guarantee Registration Certificates issued by the Administration of Exchange Control and payment notice issued by overseas organizations shall be presented for foreign exchange used to provide a foreign exchange guarantee overseas in order to fulfill a contract；

　　（3） a document of approval issued by a project examination and approval department and an investment contract shall be presented for overseas investment funds to be remitted abroad；

　　（4） a document of approval issued by a project examination and approval department and a contract shall be presented for registered funds contributed in foreign exchange by Chinese investors in a foreign investment enterprise as required and which has been approved.

　　Article l6 Legal Renminbi income （such as visa fees and certification fees， etc.） derived by foreign diplomatic missions in China which is required to be remitted overseas shall be converted and paid at designated foreign exchange banks authorized by the Administration of Exchange Control.

　　Legal Renminbi income （such as passenger-cargo freight received by representative offices of foreign airlines or ocean-shipping companies in China） derived by overseas organizations with legal person status in China which is required to be remitted overseas must be declared to the Administration of Exchange Control by presentation of certification documents and shall then be converted and paid at designated foreign exchange banks by presentation of the foreign exchange sales notice issued by the Administration of Exchange Control.

　　Article 17 Renminbi which has not been used up， when leaving the country， by foreigners， overseas Chinese and Hong Kong， Macao and Taiwanese compatriots who came to China for a temporary stay， may be converted back into foreign exchange by presentation of their passport and original conversion sheets （valid for a period of six months） for taking out of China.

　　Chapter IV Payment of Foreign Exchange

　　Article 18 Where a foreign exchange account exists and payment usage conforms to the prescribed scope of using a foreign exchange account， the balance of that foreign exchange account may first be used to make all external payments， where foreign exchange payments are outside the prescribed scope of using a foreign exchange account is insufficient to make payments， the foreign exchange may be purchased in order to make external payments.

　　Article 19 Where external payments are made from a foreign exchange account， these shall be examined by the bank at which the foreign exchange account is opened according to prescribed scope of revenue and expenditure of the foreign exchange account and pursuant to the relevant provisions of Chapter III of these Provisions， and the payments shall be made.

　　Article 20 A payment made through purchase of foreign exchange or made from a foreign exchange account must be handled within the time limit prescribed in the settlement method or in the contract， and external payments shall not be made in advance.

　　Article 21 Where repayment of overseas loan principal and interest is required to be made ahead of the prescribed time， it shall first be subject to approval by the Administration of Exchange Control， after which foreign exchange may be purchased in order to make the external payment.

　　Chapter V Supplementary Provisions

　　Article 22 In order to prevent exchange rate risks for units with forward payment contracts or debt repayment agreements， the designated foreign exchange banks may conduct forward deals between Renminbi and foreign currencies and other value maintenance operations.

　　Article 23 Payments for import under barter trade shall not be made through the purchase of foreign exchange or from foreign exchange accounts.

　　Article 24 A designated foreign exchange bank shall open an account with 50% of the amount of exchange settled by an export enterprise for that export enterprise. The exchange used for expanding its exports （including for import processing， packing materials， export base， claims and settlement of claims， transport costs and insurance premiums， after-sales service and other subsidiary trade expenses） required by an export enterprise shall be handled for conversion and payment pursuant to the provisions of articles 8 and 9 of these Provisions from the ac

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