境内外汇帐户管理规定 Circular of the Peoples Bank of China on Issuing the Regulation on Administration of Dome

颁布日期：19971007 　实施日期：19971015 　颁布单位：中国人民银行

　　YinFa [1997] No.416

　　October 7, 1997

　　Branch of the People's Bank of China (hereinafter "PBC") in each province, autonomous region, municipality directly under the Central Government, Shenzhen branch of PBC; Branch of the State Administration of Foreign Exchange (hereinafter "SAFE") in each province, autonomous region, municipality directly under the Central Government, Shenzhen branch of SAFE:

　　In order to standardize the opening and use of domestic foreign exchange account and strengthen administration on foreign exchange account,the State Administration of Foreign Exchange legislates the Regulation on Administration of Domestic Foreign Exchange Account in accordance with the emended version of Regulation of Foreign Exchange Administration of People's Republic of China. It is issued to you for implementation and requested to transmit PBC sub-branches,SAFE sub-branches, financial institutions, and to relevant organizations.If problems arise during implementation, it is requested that they be reported to SAFE in timely fashion.

　　Attachment:

　　Regulation on Administration of Domestic Foreign Exchange Account

　　Chapter I General Provisions

　　Article 1 In accordance with the Regulation of Foreign Exchange Administration of People's Republic of China and the Regulation on the Administration of Surrender, Sales of and Payments in Foreign Exchange, this regulation is legislated in an attempt to regulate opening and use of foreign exchange account and to strengthen administration on foreign exchange account.

　　Article 2 The State Administration of Foreign Exchange and its branches and sub-branches (hereinafter as "SAFE" in brief) shall exercise supervision on foreign exchange account.

　　Article 3 Domestic entities, foreign establishments, individuals and foreign nationals in China shall abide by this regulation in opening, use or close foreign exchange account.

　　Article 4 The terms referred to in this regulation are interpreted below:

　　1. Financial institutions of deposit refers to banks and non-bank financial institutions having a foreign exchange business license.

　　2. Foreign exchange account refers to the account of domestic entities, foreign establishments, individuals and foreign nationals in China maintained at a financial institution which is denominated in a convertible currency.

　　Article 5 Domestic entities and foreign establishments shall not open foreign currency cash account in general case. Individuals and foreign nationals in China shall not open exchange account for settlement in general case.

　　Chapter II Foreign Exchange Account for Current Account Transaction and its Opening and Use

　　Article 6 Foreign exchange for current account transactions listed below may be held in a foreign exchange account:

　　(1) Come-and-go foreign exchange occurred during project construction by domestic entities in operation of oversea contract construction or labor and technique cooperation;

　　(2) Foreign exchange paid and received by domestic entities involved in agent businesses or oversea businesses on behalf of others;

　　(3) Foreign exchange received by domestic entities to be paid or settled in a short time, including bid security remitted from oversea, performance security, foreign exchange received first to be paid later for transfer trade, foreign exchange remittance received by Post Office in operation of international remittance, foreign exchange received by railway department in oversea guarantee transportation businesses, foreign exchange deposits received by the Customs, and recognizance etc;

　　(4) Come-and-go foreign exchange of ocean shipping companies in international ocean transportation business approved by Ministry of Transportation, or of foreign transportation companies and charter co

mpanies in international freight business approved by Ministry of Foreign Trade and Economic Cooperation;

　　(5) Foreign exchange insurance fees received by insurance institutions to be reinsured overseas or not yet settled;

　　(6) Foreign exchange to be paid overseas for donation, assistance or aid as required by agreement;

　　(7) Foreign exchange proceeds of duty-free companies from duty-free goods business;

　　(8) Project funds of enterprises with export-import license in business of export of jumbo electronic equipment with total project funds reaching a specified sum and duration, or advancement and progress payments for projects under international bid;

　　(9) Foreign exchange within a holding ratio verified by SAFE that is received by international travel agencies and prepaid by foreign travel agencies;

　　(10) Current account foreign exchange of enterprises with foreign investment within a balance ceiling verified by SAFE;

　　(11) Foreign exchange used by domestic entities for repayment of principal and payment of interest of domestic or external foreign exchange loans;

　　(12) Foreign exchange expenses of foreign establishments remitted from abroad;

　　(13) Foreign exchange proceeds of individuals and foreign nationals in China from current account transactions;

　　(14) Other foreign exchange of domestic entities under current account as approved by SAFE.

　　Article 7 Foreign exchange accounts of domestic entities, opened according to the Article 6(1)-(10) and (14) of this regulation, shall be used for receiving foreign exchange under current account and for paying expenditures under current account or capital account expenditures approved by SAFE.

　　Article 8 Foreign exchange accounts of foreign establishments, opened according to the Article 6(12) of this regulation, shall be used for receiving administrative appropriation remitted from abroad and for paying administrative expenditures.

　　Article 9 Individuals and foreign nationals in China shall open an foreign exchange account or a foreign currency note deposit account according to Article 6(13) of this regulation.

　　Article 10 Domestic entities shall apply to SAFE for opening a foreign exchange account for current account transactions.

　　Article 11 Domestic entities (enterprises with foreign investment are excluded) shall submit the following materials when apply to SAFE for opening a foreign exchange account, fill the approval note of SAFE on opening foreign exchange account (attachment I), and open a foreign exchange account at a Chinese-funded financial institution after approval, and shall draw foreign exchange account utilization certificate (attachment II) at SAFE upon presentation of a return receipt of account opening within 5 days of account opening:

　　(1) an application report for opening a foreign exchange account;

　　(2) business license issued by industrial and commercial administrative department or association registration certificate issued by civil administrative department, or valid approval documents issued by authority in conformity with the entity's nature;

　　(3) approval documents on businesses issued by State Council's authorized agencies;

　　(4) a contract, an agreement or other relevant materials required by SAFE.

　　Chinese-funded financial institutions shall make a clear indication of the account number, currency and date of opening and put a stamp of the institution on the return receipt.

　　Article 12 Enterprises with foreign investment shall apply to SAFE for opening a current account foreign exchange account with an application report on opening a foreign exchange account and a foreign exchange registration certificate enterprises with foreign investment, and then get through account opening procedures at a financial institution with an account opening notice issued by SAFE and a fo

reign exchange registration certificate for enterprises with foreign investment. The financial institution shall make a clear indication of the account number, currency and date of account opening on the foreign exchange registration certificate for enterprises with foreign investment and put a stamp of the institution on the certificate.

　　Article 13 When domestic entities apply for opening a foreign exchange account, SAFE shall specify the receipts and payments scope, operating period, corresponding mode of foreign exchange surrender or the ceiling of the account balance according to the utilization of the foreign exchange account, and make a clear indication in the foreign exchange account utilization certificate or the foreign exchange registration certificate for enterprises with foreign investment.

　　Article 14 Foreign establishments shall apply for a foreign exchange account record form of foreign establishments (attachment 3) with approval documents issued by relevant authority and an industrial and commercial registration certificate, and then get through account opening procedure at a bank with the foreign exchange account record form of foreign establishments.

　　Article 15 Individuals and foreign nationals in China have freedom in deposit and withdrawal of foreign currency. In case of deposit and withdrawal of a large sum of foreign currency notes over equivalent of 10,000 US dollars, identity certificate or passport shall be present to the deposit bank and the deposit bank shall make a registration case by case.

　　Article 16 Domestic entities and foreign establishments, which maintain a foreign exchange account for current account transaction, shall make receipts and payments within the scope specified in foreign exchange account utilization certificate,

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/