非银行金融机构外汇业务管理规定（二）

　　6. the implementation of policies， laws and regulations.

　　Article 65　The SAEC shall evaluate the foreign exchange business of a non-banking financial institution once every two years. Specific assessment norms， calculation methods， information to be provided for evaluation and dates of evalua

tion shall be determined by the SAEC. When the SAEC considers if necessary， it may decide to conduct an interim evaluation of a non-banking financial institution's foreign exchange business.

　　Article 66　Upon the conclusion of an evaluation， the SAEC shall deliver the conclusions from the evaluation to the non-banking financial institution evaluated and the non-banking financial institution's departments in charge and board of directors.

　　The SAEC shall not publicly announce the conclusions from an evaluation or furnish the same to other departments. Non-banking financial institutions evaluated may not， without the approval of the SAEC， publicly announce the conclusions from their evaluation or furnish the same to other departments.

　　Article 67　If a non-banking financial institution to be evaluated does not co-operate with the SAEC's evaluation， thereby making evaluation impossible， the SAEC may punish it by circulating a notice of criticism or suspending part or all of its foreign exchange business for three months.

　　Article 68　If the SAEC through investigation， supervision and evaluation discovers problems in the operation and management of a non-banking financial institution's foreign exchange business， it may impose penalties in accordance with the circumstances：

　　1. if operation and management are poor， time limits are exceeded comparatively often， or the structure of funds is irrational， adjustment of the structure of foreign exchange assets within a time limit shall be ordered and the development of the non-banking financial institution's relevant foreign exchange business may be restricted.

　　2. if time limits are exceeded excessively often and losses have been incurred， such problems shall be rectified within a time limit and part or all of the non-banking financial institution's foreign exchange business suspended； or

　　3. if losses from foreign exchange business are so serious as to cause insolvency， the non-banking financial institution's foreign exchange business shall be terminated.

　　PART EIGHT　SUPPLEMENTARY

　　Article 69　The SAEC may formulate specific measures for administration of the foreign exchange business of non-banking financial institutions. The SAEC may formulate supplementary regulations for matters not covered herein， which shall be implemented following submission to and approval by the People's Bank of China.

　　Article 70　A non-banking financial institution that is dissatisfied with a penalty imposed by the SAEC pursuant to these Provisions may apply for reconsideration to the authorities one level higher than those that imposed such penalty. If a non-banking financial institution is dissatisfied with the decision made upon reconsideration， it may institute an action in a People's Court.

　　Article 71　These Provisions are promulgated on 1 January 1993 and shall be effective as of 1 July 1993. The SAEC shall be responsible for interpretation of these Provisions. The Non-Bank Financial Institutions Foreign Exchange Control Procedures promulgated on 1 October 1987 shall be repealed on the date on which these Provisions are effective

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