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外币代兑机构管理暂行办法 Order of the Peoples Bank of China

2009-03-24 法律英语 来源:互联网 作者:
cies engaging in foreign currency exchange business.

  Staff of exchange agencies engaging in foreign currency exchange business shall possess the following conditions:

  (1) Capability of verifying foreign currency banknotes and traveler's checks.

  (2) Corresponding knowledge of the regulations on foreign exchange administration.

  (3) Other capabilities required by the internal control system of the authorizing bank.

  Article 18 The authorizing bank shall fulfill its obligations of statistical reporting and report the foreign currency exchange business of all its authorized exchange agencies on a consolidated basis, in accordance with the Measures for Reporting of International Balance of Payments Statistics, other relevant provisions, and the reporting requirements for commercial banks when conducting the business of settlement and sales of foreign exchange.

  Article 19 The authorizing bank shall see to it that the exchange agencies are conducting foreign currency exchange business according to the agreement signed between them. In the case of improper use of currency exchange forms and/or violation of rules on quotation of foreign currency or other regulations of the SAFE, the authorizing bank shall take corrective measures and report such violations to the local SAFE branch in good time.

  Article 20 Any authorizing bank and its exchange agencies is involved in any the following act, they shall be punished by the local SAFE branch:

  (1) Where an exchange agency opens foreign currency exchange business without filing the required application materials with the local SAFE branch, the authorizing bank and the foreign currency exchange agency shall be punished by the local SAFE branch according to Article 41 of the “Regulations of the People's Republic of China on Foreign Exchange Administration”。

  (2) Those setting quotation of foreign currency in violation of the relevant regulations on exchange rate shall be punished by the local SAFE branch according to Article 43 of the Regulations of the People's Republic of China of Foreign Exchange Administration.

  (3) Where an authorizing bank fails to make sure that the exchange agencies properly use the specified form to conduct foreign currency exchange business according to the provisions, it shall be punished by the local SAFE branch according to Article 42 of the Regulations of the People's Republic of China on Foreign Exchange Administration and Article 40 of the Interim Measures for Settlement and Sales of Foreign Exchange by Designated Foreign Exchange Banks.

  (4) Where an authorizing bank and its authorized exchange agencies are found in any other violation of foreign exchange administration, they shall be punished by the local SAFE branch in accordance with the relevant rules.

  Article 21 For a foreign currency exchange agency established before the present Measures come into force, its authorizing bank shall, according to the provisions of the present Measures, do the remedial filing formalities with the local SAFE branch within 2 months after the day they come into force.

  Article 22 The present Measures shall be implemented as of November 1, 2003

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