境内外汇帐户管理规定 Administration of Foreign Exchange Accounts Inside China Provisions

(Promulgated by the People's Bank of China on 7 October 1997 and effective as of 15 October 1997.)
颁布日期：19971007 　实施日期：19971015 　颁布单位：中国人民银行

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions are formulated in accordance with the PRC, Foreign Exchange Control Regulations and the Administration of the Settlement, Sale and Payment of Foreign Exchange Provisions, in order to standardize the opening and the use of foreign exchange accounts and to strengthen the supervision and control of foreign exchange accounts.

　　Article 2　The State Administration of Foreign Exchange and its branches and sub-branches (the "Administration of Foreign Exchange") shall be the authority for the administration of foreign exchange accounts.

　　Article 3　The opening, use and closing of foreign exchange accounts by organizations inside the People's Republic of China, foreign establishments inside the People's Republic of China, individuals, and persons that have come to the People's Republic of China shall be governed by these Provisions.

　　Account-providing financial institutions inside the People's Republic of China shall carry out the procedures for opening and closing of foreign exchange accounts, and supervise receipts and payments, in accordance with the Provisions.

　　Article 4　The following terms as used herein shall have the meanings set out below:

　　The term "account-providing financial institutions" shall mean banks and non-banking financial institutions which, following approval, are engaged in foreign exchange business.

　　The term "foreign exchange accounts" shall mean accounts which are opened with account-providing financial institutions by organizations inside the People's Republic of China, foreign establishments inside the People's Republic of China, individuals, and persons that have come to the People's Republic of China, using freely convertible currencies.

　　Article 5　Organizations inside the People's Republic of China and foreign establishments inside the People's Republic of China shall generally not be establishments inside the People's Republic of China shall generally not be permitted to open foreign currency cash accounts. Individuals, and persons that have come to the People's Republic of China, shall generally not be permitted to open foreign exchange accounts to be used for settlement purposes.

　　PART TWO　FOREIGN EXCHANGE ACCOUNTS RELATING TO CURRENT ACCOUNT ITEMS, AND THE OPENING AND USE THEREOF

　　Article 6　Foreign exchange accounts may be opened to retain as foreign currency foreign exchange relating to the following current account items:

　　1. business-related current foreign exchange generated by companies inside the People's Republic of China engaged in project contracting outside the People's Republic of China or in the provision of labour services to or technical co-operation with entities outside the People's Republic of China in the course of their engagement in such business;

　　2. foreign exchange that is collected and paid on behalf of their principals by organizations inside the People's Republic of China which act as agents in foreign-related business or in business outside the People's Republic of China;

　　3. foreign exchange that organizations inside the People's Republic of China have provisionally collected and are awaiting payment or have provisionally collected and are awaiting settlement, including tender deposits, performance bonds, foreign exchange received from entrepot trade where payment is collected first and made later, foreign exchange remittances by the post and telecommunications authorities in their international remittance business, foreign exchange collected by the railway authorities from their engagement in transportation outside the People's Republic of China at guaranteed prices, foreign exchange bonds collected by Customs and security payment

s, etc. that are remitted from outside the People's Republic of China;

　　4. business-related current foreign exchange of ocean shipping companies engaged in international ocean shipping business with the approval of the Ministry of Communications, and of those foreign-related shipping companies and vessel charter companies that are engaged in international transportation with the approval of the Ministry of Foreign Trade and Economic Co-operation;

　　5. premiums for foreign exchange insurance accepted by premiums for the insurance of risks to be reinsured with insurance companies outside the People's Republic of China by, and as yet unsettled premiums of, insurance institutions;

　　6. foreign exchange donations, financial assistance or aid made or granted outside the People's Republic of China which the relevant agreement requires to be used for payments outside the People's Republic of China;

　　7. foreign exchange revenue of duty-free product companies from their engagement in duty-free product business;

　　8. advance payments and progress payments received by enterprises with import and export business rights (i) while engaged in an export project for large electric and mechanical products, where the total amount of the project and the term for implementation of the project meet the prescribed standards, or (ii) in the course of a project for which international tenders are invited;

　　9. foreign currency payments made in advance by foreign tourism organizations and collected by international travel agencies, up to the limit that may be retained as determined by the Administration of Foreign Exchange;

　　10. foreign exchange of foreign investment enterprises relating to current account items, up to the maximum amount that may be retained as determined by the Administration of Foreign Exchange;

　　11. foreign exchange used by organizations inside the People's Republic of China for payment of interest on and fees in connection with foreign exchange debts incurred inside or outside the People's Republic of China;

　　12. foreign exchange funds of foreign establishments inside the People's Republic of China remitted from outside the People's Republic of China;

　　13. foreign exchange income of individuals, and persons who have come to the People's Republic of China, relating to current account items;

　　14. other foreign exchange of organizations inside the People's Republic of China relating to current account items which the Administration of Foreign Exchange has permitted them to retain.

　　Article 7　With respect to foreign exchange accounts opened by organizatons inside the People's Republic of China in accordance with Items (1) to (10) and Item (14) of Article 6 hereof, receipts therein shall be foreign exchange from current account sources; and payments therefrom shall be used for payments relating to current account items or those capital account items for which the Administration of Foreign Exchange has granted approval.

　　Article 8　With respect to foreign exchange accounts opened by foreign establishments inside the People's Republic of China in accordance with Item (12) of Article 6 hereof, receipts therein shall be funds for office expenses remitted from sources outside the People's Republic of China; and payments therefrom shall be used for expenses.

　　Article 9　Individuals, and persons who have come to the People's Republic of China, may open individual foreign exchange or foreign currency cash deposit accounts in accordance with Item (13) of Article 6 hereof.

　　Article 10　The opening of foreign exchange accounts relating to current account items by organizations inside the People's Republic of China shall be subject to approval by the Administration of Foreign Exchange.

　　Article 11　Organizations inside the People's Republic of China (except for foreign investment enterprises) shall apply to the Admi

nistration of Foreign Exchange for approval to open an account by presenting the documents set forth below and completing an Approval Document of the State Administration of Foreign Exchange for Opening of a Foreign Exchange Account (Annex 1); following approval, they shall open a foreign exchange account with a wholly Chinese-owned account-providing financial institution and, within five days after the opening of the account, obtain a Foreign Exchange Account Use Permit (Annex 2) from the Administration of Foreign Exchange on the strength of the written acknowledgment of opening of the account:

　　1. an application for approval to open a foreign exchange account;

　　2. one of the following documents, depending on the nature of the account-opening unit: the business licence issued by the administration for industry and commerce, or the group registration certificate issued by the department of civil affairs or the valid approval document by which an authority authorized by the State approved its establishment;

　　3. the approval document by which an authority authorized by the State Council approved its engagement in its business operations; and

　　4. relevant contracts, agreements or other relevant materials that the Administration of Foreign Exchange requires to be submitted.

　　After the wholly Chinese-owned account-providing financial institution has opened a foreign exchange account for the organization inside the People's Republic of China, it shall note the account number, currency and date of opening on, and affix its chop to, the written acknowledgment of opening of the account.

　　Article 12　When a foreign investment enterprise wishes to open a foreign exchange account relating to current account items, it shall apply to the Administration of Foreign Exchange by p

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/