中国人民银行关于印发《金融机构外汇存款准备金管理规定》的通知 Notice of the Peoples Bank of China on Printing and Distributing the

sions on the Management of Foreign Exchange Deposit Reserve of Financial Institutions

　　Chapter I General Provisions

　　Article 1 For the purpose of strengthening the management on foreign exchange deposit reserve， bringing into full play the role of foreign exchange deposit reserve and promoting the stable management of financial institutions， the present Provisions are formulated according to the Law of the People's Republic of China on the People's Bank of China and the Law of the People's Republic of China on Commercial Banks and other laws and regulations.

　　Article 2 The present Provisions shall be applied to the financial institutions that absorb foreign exchange deposit within the territory of the People's Republic of China， including： solely state-owned commercial banks， joint stock commercial banks， urban commercial banks， rural commercial （cooperative） banks， urban credit cooperatives， rural credit cooperatives， financial companies of enterprise groups， solely foreign-funded banks， Sino-foreign joint venture banks， solely foreign-funded financial companies， Sino-foreign joint venture financial companies and branches of foreign banks as well as other financial institutions that absorb foreign exchange deposit.

　　Article 3 The foreign exchange deposit reserve shall refer to a proportion of foreign exchange deposit absorbed by a financial institution and deposited into the People's Bank of China pursuant to a certain percentage.

　　The rate of foreign exchange deposit reserve shall refer to the ratio of the foreign exchange deposit reserve deposited into the People's Bank of China by a financial institution to the whole foreign exchange deposit absorbed by it.

　　Article 4 The People's Bank of China shall be responsible for determining and adjusting the rate of foreign exchange reserve， and for inspecting and supervising the acts of financial institutions for their implementation of provisions on the management of foreign exchange deposit reserve.

　　Article 5 The People's Bank of China will not compute and pay interests for the foreign exchang

e deposit reserve deposited by financial institutions.

　　Chapter II Deposit

　　Article 6 The purview of foreign exchange deposit， for which a financial institution shall deposit foreign exchange deposit reserve， includes：

　　1. The individual foreign exchange savings deposit and entity foreign exchange deposit that are absorbed by a financial institution， the reserve deposit for issuance of foreign currency credit cards and other foreign exchange deposits or obligations checked and ratified by the People's Bank of China. And

　　2. The credit balance after reducing the assets items and the liabilities items of foreign exchange business under the entrustment or agency of any financial institution . Where it is a debit balance after such reduction， the balance of liabilities items that shall be deposited will be regarded as zero. No one may deduct or reduce other balance of foreign exchange liabilities items that shall be deposited with certain debit balance.

　　Article 7 The People's Bank of China shall， according to the requirements for adjustment and control of currency policies， prescribe and adjust the purview of foreign exchange deposit for which a financial institution shall deposit foreign exchange deposit reserve.

　　Article 8 The accounting items matched with the purview of foreign exchange deposit for which a financial institution shall deposit foreign exchange deposit reserve shall be determined by the People's Bank of China or its authorized branches and sub-branches.

　　1. The accounting items matched with the purview of foreign exchange deposit for which foreign exchange deposit reserve shall be deposited by any solely state-owned commercial bank， joint stock commercial bank， city commercial bank， rural commercial （cooperative） bank， urban credit cooperative， rural credit cooperative and financial company of an enterprise group shall be determined by the head office of the People's Bank of China. And

　　2. The accounting items matched with the purview of foreign exchange deposit for which foreign exchange deposit reserve shall be deposited by any wholly foreign-funded bank， Sino-foreign joint venture bank， solely foreign-funded financial company， Sino-foreign joint venture financial company or branch of any foreign bank （hereinafter called by a joint name of foreign-funded financial institutions） shall be determined by the branches or sub-branches of the People's Bank of China at the localities of their juridical person institutions （or branches of foreign banks） pursuant to the principles as prescribed by the head office， and shall be put on records at the head office.

　　Article 9 The foreign exchange deposit reserve of any financial institution shall be deposited into the special foreign exchange reserve deposit account opened by the People's Bank of China in a Chinese-funded commercial bank within the territory of China.

　　1. The foreign exchange deposit reserve of solely state-owned commercial banks or joint stock commercial banks shall be deposited uniformly by their head offices into the special foreign exchange reserve deposit account opened by the business management department of the People's Bank of China in a Chinese-funded commercial bank.

　　2. The foreign exchange deposit reserve of any urban commercial bank， rural commercial （cooperative） bank， urban credit cooperative， rural credit cooperative and financial company of any enterprise group shall be deposited by their juridical person institutions into the special foreign exchange reserve deposit account opened by the branches of the People's Bank of China （the business management departments or central sub-branches of provincial capital cities） of their provinces （autonomous regions and municipalities directly under the Central Government）in a Chinese-funded commercial bank within the territory of China. And

　　3. The foreign exchange deposit reserve of any foreign

-funded financial institution with juridical person status shall be deposited by its juridical person institution into the special foreign exchange reserve deposit account opened in a Chinese-funded commercial bank within the territory of China by the branches and business management departments of the People's Bank of China in the provinces （autonomous regions， and municipalities directly under the Central Government） or the central sub-branches of the capital cities of the provinces （hereinafter referred to as the provincial capital cities）。 The foreign exchange deposit reserve of branches of foreign banks shall be deposited respectively by each branch of any foreign bank into the special foreign exchange reserve deposit account opened in a Chinese-funded commercial bank within the territory of China by the branch and business management department of the People's Bank of China or the central sub-branch of provincial capital cities in the provinces （autonomous region， and municipality directly under the Central Government）。

　　Article 10 As for the deposit of US dollars or Hongkong dollars， the foreign exchange deposit reserve shall be deposited in pursuant to computation according to the original type of currency. The foreign exchange deposit of other types of currencies shall be deposited by converting them into dollars. The conversion rate between two of the various types of currencies shall be computed according to the Conversion Rate of Various Types of Currencies to Dollars as promulgated by the State Administration of Foreign Exchange every month.

　　Chapter III Checkup and Adjustment

　　Article 11 The People's Bank of China shall check the foreign exchange deposit reserve of financial institutions by month. The financial institutions shall transfer the reserve deposit into the account designated by the People's Bank of China before the 15th each month. From the 15th of the current month to the 14th of the next month the proportion of the balance of foreign exchange reserve deposit of any financial institution in the current month to that of the end of last month shall be not lower than the rate of foreign exchange deposit reserve without the approval of the People's Bank of China.

　　Article 12 The financial institution shall submit the collected deposit vouchers， monthly accounting statements and the balance of foreign exchange deposit at the end of the month to the People's Bank of China at the locality of its juridical person institution （or the branch of a foreign bank） before the 5th each month.

　　Article 13 The People's Bank of China shall be responsible for auditing on the relevant data submitted by any financial institution.

　　Article 14 The financial institution shall compute the foreign exchange deposit reserve that shall be deposited in the current month pursuant to the balance of foreign exchange deposit and the rate of foreign exchange deposit reserve at the end of last month. The formula for computation shall be as follows：

　　The balance of foreign exchange reserve deposit of the current month = the balance of the foreign exchange deposit at the end of last month× the rate of foreign exchange deposit reserve

　　Article 15 Where the foreign exchange reserve deposit of any financial institution in the People's Bank of China is larger than the foreign exchange deposit reserve that it should deposit in the current month， the People's Bank of China shall transfer the extra capital into the account of the financial institution before the 15th of the current month.

　　Chapter IV Dissaving

　　Article 16 Where serious difficulties in payment occurs in any financial institution and it app

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