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Article 1 These regulations are formulated with a view to improving the management of the exchange system, maintaining an equilibrium in the balance of payments and promoting sound economic growth.
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Article 2 The government agencies of the State Council in charge of the administration of the exchange system and their local offices (hereafter the exchange administration agencies for both) shall exercise exchange management in accordance with the law and assume the responsibility for the implementation of the regulations.
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Article 3 Foreign exchange as referred to in the regulations includes means of payments and assets denominated in foreign currency for international settlement as the following:
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1. foreign currencies, including bank notes and coins;
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2. payment instruments denominated in foreign currency, including bills, bank certificate of deposit and certificate of postal deposit etc.
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3. securities denominated in foreign currency, including government bonds, corporate debentures and stocks etc.;
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4. Special Drawing Rights and European Currency Units;
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and 5. other assets denominated in foreign currency.
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Article 4 The payment in and transfer of foreign exchange for current international transactions shall not be subject to the government control or restriction.
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Article 5 The regulations shall govern all activities related to the receipts and payments of foreign exchange as well as foreign exchange operations ofdomestic entities, individuals, foreign establishments, and foreign nationals in China.
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Article 6 The government adopts a reporting system for balance of payments statistics. All entities and individuals involved in balance of payments transactions shall fulfill their obligations for reporting balance of payments statistics.
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Article 7 Foreign currency is prohibited for circulation and shall not be quoted for pricing or settlement in the territory of the People's Republic of China.
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Article 8 All entities and individuals shall have the right to reveal or expose any activities in violation of the regulations on exchange management.
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All entities and individuals who reveal, expose or assist in stopping various activities in violation of exchange regulations on exchange management shall be rewarded and the confidentiality of their identity shall be ensured.
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Chapter II Foreign exchange for current account transactions
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Article 9 All foreign exchange receipts of domestic entities for current account transactions shall be repatriated and shall not be deposited abroad in violation of the relevant government regulations without authorization.
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Article 10 All foreign exchange receipts for current account transactions shall be sold to the designated foreign exchange banks in accordance with the regulations issued by the State Council on the sale and purchase of foreign exchange and making payments in foreign exchange, and such receipts may also be upon approval, deposited in the foreign exchange account at the designated banks for foreign exchange operations.
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Article 11 Purchase of foreign exchange for current account transactions shall be conducted with the designated foreign exchange banks, in accordance with the regulations issued by the State Council on the sale and purchase of foreign exchange and making payments in foreign exchange, upon the presentation of valid documents and commercial bills.
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Article 12 The collection of export proceeds and the payments for imports in foreign exchange by domestic entities shall be processed in accordance with the relevant government regulations governing the verification procedures for export proceeds and import payments.
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Article 13 Foreign exchange owned by individuals can be held at their own discretion, deposited in banks or sold to the designated foreign exchange banks.
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Individuals' foreign exchange savings deposit shall be placed with banks on a voluntary basis, withdrawn freely and bear interest with confidentiality for depositors' identity ensured.
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Article 14 The purchase of foreign exchange for personal travel abroad and other miscellaneous expenses shall be granted within the specified limit.
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Individuals may apply for the purchase of foreign exchange over and above the limit at the government agencies in charge of foreign exchange. And the request for such purchase shall be approved if it proves to be for bona fide transactions.
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Individuals carrying foreign exchange into or out of China shall declare their foreign exchange in the customs office. Individuals shall present to the customs office valid documents for carrying a large sum of foreign exchange exceeding the specified limit.
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Article 15 The remittance and/or carrying of foreign exchange abroad for such income derived from the possession of assets in China shall be granted upon the presentation of the specific certifying documents at the designated foreign exchange banks.
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Article 16 Foreign assets held by Chinese citizens residing in China in the form of payment instruments and securities denominated in foreign currency etc.shall not be taken or sent abroad without authorization of the exchange administration agencies.
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Article 17 The purchase of and payment in foreign exchange abroad for the legitimate income in Renminbi for foreign establishments and foreign nationals in China shall be granted upon the presentation of the supporting documents and statement of charges at the designated foreign exchange banks.
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Article 18 Foreign exchange sent or carried in by foreign establishments and foreign nationals in China can be held at their own discretion, deposited in designated banks or sold to the designated foreign exchange banks. Such foreign exchange can also be remitted or taken abroad upon the presentation of valid documents.
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Chapter III Foreign exchange for capital account transactions
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Article 19 Unless otherwise specified by the State Council, all foreign exchange receipts for capital account transactions shall be repatriated.
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Article 20 All foreign exchange receipts for capital account transactions shall be placed in the foreign exchange account at the designated foreign exchange banks in accordance with the relevant government regulations;
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such receipts can be also sold to the designated foreign exchange banks upon the approval by the exchange administration agencies.
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Article 21 The source of foreign exchange for overseas investment by domestic entities shall be reviewed by the exchange administration agencies before the application for such investments is filed for approval by the relevant government agencies. If approval is granted, remittance of funds shall then take place in accordance with the regulations on overseas investment issued by the State Council.
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Article 22 External borrowing in loans shall be undertaken in accordance with the relevant regulations by the government agencies designated by the State Council, financial institutions and other enterprises duly authorized by government agencies of the State Council in charge of exchange administration.
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External borrowing in loans by foreign-funded enterprises shall be filed with the exchange administration agencies for records.
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Article 23 The issue of bonds abroad denominated in foreign currency by financial institutions requires the approval by the government agencies of the State Council in charge of exchange administration before the issue proceeds in accordance with the relevant government regulations.
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Article 24 External guarantee shall only be offered by qualified financial institutions and enterprises meeting the government requirements and subject to the approval by the exchange administration agencies.
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Article 25 The government adopts a registration system for external debt. All domestic entities shall register external debt in accordance with the regulations formulated by the State Council on monitoring statistics of external debt.
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The government agencies of the State Council in charge of exchange administration shall take the responsibility for collecting and monitoring statistics of external debt and publish these statistics on a regular basis.
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Article 26 The currency holding denominated in Renminbi belonging to the foreign counterparts of foreign-funded enterprises, having been terminated in accordance with the law, can be converted into foreign exchange at the designated foreign exchange banks and then sent or taken abroad after the liquidation and tax payments.
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All the foreign exchange belonging to the Chinese counterpart investors shall be sold to the designated foreign exchange banks.
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Chapter IV Foreign exchange operations for financial institutions
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Article 27 Financial institutions shall have the approval by the exchange administration agencies for conducting foreign exchange transactions, and a license for such operations is also required.
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No entities or individuals are allowed to undertake foreign exchange operations without the approval by the exchange administration agencies.
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Financial institutions duly authorized for foreign exchange operations shall never operate beyond the approved business scope.
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Article 28 Financial institutions duly authorized for foreign exchange operations shall open foreign exchange accounts for their clients and conduct business operations in accordance with the relevant government regulations.
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Article 29 Financial institutions undertaking foreign exchange operations shall be subject to the reserve requirement for foreign exchange in accordance with the relevant government regulations, comply with the regulations on asset and liability ratios concerning their foreign exchange operations and set aside provisioning reserves.
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Article 30 Designated foreign exchange banks shall use their own-funds in Renminbi to purchase foreign exchange.
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The foreign exchange revolving funds used by designated foreign exchange banks for settlement shall be within a specified limit, the magnitude of which shall be decided upon by the People's Bank of China in consideration of the actual circumstances.
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Article 31 The foreign exchange operations by financial institutions are subject to inspection and supervision by the exchange administration agencies.
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Financial institutions undertaking foreign exchange operations shall submit to the exchange administration agencies the balance sheet, income statement, other financial reports and information for foreign exchange operations.
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Article 32 Financial institutions shall file with the exchange administration agencies for the termination of foreign exchange operations.
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Once the termination of foreign exchange operations is approved, these financial institutions shall settle their claims and liabilities in foreign currencies and have their license for foreign exchange operations revoked.
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Chapter V Renminbi exchange rate and foreign exchange market
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Article 33 The exchange rate for Renminbi is a single, managed floating exchange rate based on market demand and supply.
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The People's Bank of China announces the exchange rate of Renminbi against major currencies on the basis of the prevailing exchange rates in the inter-bank foreign exchange market.
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Article 34 The trading of foreign exchange in the market shall comply with the principle that advocates transparency, openness, fairness, and honesty.
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Article 35 The number of currencies traded in the market and the trading methods are decided upon and reviewed by the government agencies of the State Council in charge of the administration of the exchange system.
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Article 36 Designated foreign exchange banks and other financial institutions involved in foreign exchange operations are dealers in the inter-bank foreign exchange market.
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Based on the exchange rates announced by the Peoples Bank of China and the specified margins, designated foreign exchange banks and other financial institutions undertaking foreign exchange operations can quote the buying rate and selling rate for their clients and conduct the trading of foreign exchange accordingly.
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Article 37 The government the agencies of the State Council in charge of the administration of exchange system shall supervise the foreign exchange market cross the country in accordance with the law.
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Article 38 In light of the orientation of monetary policy and the developments in foreign exchange market, the People's Bank of China shall regulate foreign exchange market in accordance with the law.
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Chapter VI Legal responsibilities
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Article 39 To penalize the evasion scheme listed as follows, the exchange administration agencies shall order the foreign exchange in question to be repatriated, impose its conversion and place a penalty fine in the range of more than 30 percent and less then 5 times the amount of foreign exchange under the evasion scheme. In cases of criminal offense, a criminal suit shall proceed:
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1. to place foreign exchange deposit abroad without authorization and in violation of government regulations;
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2. to act in defiance of the government regulations on the sale of foreign exchange to the designated foreign exchange banks;
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3. to remit or take foreign exchange abroad in violation of the government regulations;
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4. to take or mail abroad through postal services certificates of foreign exchange deposit and securities denominated in foreign currencies without authorization of the exchange administration agencies;
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and 5. other types of exchange evasion scheme.
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Article 40 to penalize the illegal exchange arbitrage listed as follows, the exchange administration agencies shall serve a warning, impose the conversion of foreign exchange and place a penalty fine in the range of more than 30 percent and less then 5 times the amount of foreign exchange under the arbitrage scheme. In case of criminal offense, a criminal suit shall proceed:
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1. to pay, in violation of the government regulations, in Renminbi or in kind for imports that require payment in foreign exchange or for other similar types of expenses;
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2. to pay in Renminbi for local expenses on behalf others and get paid back in turn in foreign exchange;
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3. to invest in China on the part of overseas investors in Renminbi or with goods purchased locally without authorization of the exchange administration agencies;
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4. to purchase foreign exchange from designated foreign exchange banks with invalid documents, contracts and bills;
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and 5. other types of illegal arbitrage activities.
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Article 41 The exchange administration agencies shall confiscate the illegal income generated from unauthorized foreign exchange operations undertaking without approval by the exchange administration agencies and order the stop of such operations. In case of criminal offense, a criminal suit shall proceed.
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The exchange administration agencies shall order the financial institutions that conduct any activities without authorization beyond the prescribed business scope for foreign exchange operations to redress the case, confiscate the illegal income, if any, and impose a penalty fine in the range of one to five times the amount of the illegal foreign exchange income; if no illegal income is involved, a penalty fine of 100, 000 to 500, 000 Yuan shall be imposed.
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In case of serious offense or failure to redress the case in time, the exchange administration agencies shall order these institutions to rectify their business or revoke their license for foreign exchange operations. In case of criminal offense, a criminal suit shall proceed.
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Article 42 In case that designated foreign exchange banks fail to comply with the government regulations on the sale and purchase of foreign exchange, the exchange administration agencies shall order the banks to redress the case, issue a public reprimand, confiscate the illegal income and impose a penalty fine in the range of 100, 000 to 500, 000 Yuan. In case of serious offense, operations for the sale and purchase of foreign exchange shall be suspended.
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Article 43 In case that financial institutions act in violation of the regulations governing exchange rate, deposit and lending rates for foreign exchange and operations in foreign exchange market, the exchange administration agencies shall order the institutions to redress the case, issue a public reprimand, confiscate the illegal income and impose a penalty fine in range of one to five times the amount of the illegal income in question.
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If no illegal income is involved, a penalty fine in the range of 100, 000 to 500, 000 Yuan shall be imposed. In case of serious offense, the exchange administration agencies shall order the institutions to rectify their business or revoke their license for foreign exchange operations.
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Article 44 To penalized any activity listed as follows undertaken by domestic entities in violation of the regulations governing external debt, the exchange administration agencies shall serve a warning, issue a public reprimand and impose a penalty fine in the range of 100, 000 to 500, 000 Yuan. In case of criminal offense, a criminal suit shall proceed:
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1. to process external borrowing without authorization;
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2. to issue bonds denominated in foreign currency abroad without authorization and in violation of the relevant government regulations;
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3. to provide guarantee for external obligations without authorization and in violation of the relevant government regulations;
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and 4. other activities in violation of the regulations on external debt.
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Article 45 In case that the domestic entities undertake any activity involving illicit use of foreign exchange listed as follows, the exchange administration agencies shall order these entities to redress the case, impose the conversion of foreign exchange, confiscate the illegal income and impose a penalty fine no more than the equivalent amount of foreign exchange in question. In case of criminal offense, a criminal suit shall proceed:
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1. to use foreign exchange in China for pricing or settlement;
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2. to pledge foreign exchange in lien without authorization;
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and 3. to change the designated use of foreign exchange without authorization;
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and 4. other types of illicit use of foreign exchange.
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Article 46 To penalize unauthorized trading, disguised trading and illicit merchanting of foreign exchange, the exchange administration agencies shall serve a warning, impose the conversion of foreign exchange, and place a penalty fine in the range of more than 30 percent of and less than 3 times the amount of the foreign exchange in question. In case of criminal offense, a criminal suit shall proceed.
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Article 47 In case that domestic entities open foreign exchange accounts in China or abroad without authorization, rent, transfer of arbitrage foreign exchange accounts in violation or the regulations governing foreign exchange account or use the foreign exchange beyond the designated purpose without authorization, the exchange administration agencies shall order these entities to redress the case, close the foreign exchange accounts, issue a public reprimand and impose a penalty fine in range of 50, 000 to 3000, 000 Yuan.
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Article 48 In case that domestic entities forge, alter, rent, transfer or make a multiple use of the verification certificate for import payment and export proceeds in violation of the regulations governing the verification procedures for foreign exchange, or fail to comply with verification procedures prescribed by the relevant regulations, the exchange administration agencies shall serve a warning, issue a public reprimand, confiscate the illegal income and impose a penalty fine in the range of 50, 000 to 300, 000 Yuan. In case of criminal offense, a criminal suit shall proceed.
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Article 49 In case that financial institutions, duly authorized to undertake foreign exchange operations, act in violation of the Article 29 and 31, the exchange administration agencies shall order these institutions to redress the case, issue a public reprimand and impose a penalty fine in the range of 50, 000 to 300, 000 Yuan.
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Article 50 If the party penalized for violation contests the verdict and the penalty imposed by the exchange administration agencies, the party may appeal to the exchange administration agencies at the immediate higher level to review the case within 15 days after receiving the penalty notice; the exchange administration agencies at the immediate higher level shall decide on the review within two months after receiving the appeal for review. If the party contests the review decision, the party may appeal to the People's Court in accordance with the law.
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Article 51 Domestic entities acting in violation of the regulations on exchange management shall be penalized in accordance with these regulations; and the management and those directly responsible for the violation shall be disciplined. In case of criminal offense, a criminal suit shall proceed.
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Chapter VII Ancillary provisions
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Article 52 The definitions of the terms in these regulations are as follows:
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1. "domestic entities" refer to enterprises and pubic institutions, government agencies, social organizations and armed forces etc., including foreign-funded enterprises.
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2. "designated foreign exchange banks" refer to banks duly authorized by the exchange administration agencies to undertake the sale and purchase of foreign exchange.
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3. "individuals" refer to Chinese citizens and foreign nationals staying in China for more than one year.
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4. "foreign establishments" in China refer to foreign diplomatic agencies in China, consulates, resident representative offices in China and offices of foreign non-government organizations in China etc..
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5. "foreign nationals" in China refer to resident staff members of foreign establishments in China, foreigners working for domestic entities in China and overseas foreign students etc. .
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6. "current account transactions" refer to those components in the current account of the balance of payments, such as goods, services and unilateral transference..
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7. "capital account transactions" refer to the increase and decrease of assets and liabilities in the balance of payments as a result of the inflow and outflow of capital, including direct investment, loans and portfolio investment' etc..
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Article 53 The exchange regulations governing bonded areas shall be formulated separately by the exchange administration agencies of the State Council.
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Article 54 The exchange regulations governing border trade and counter-trade of border residents shall be formulated separately by the exchange administration agencies of the State Council on the basis of these regulations.
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Article 55 These regulations shall take effect April 1, 1996. The Regulations on the Exchange System of the People's Republic of China issued by the State Council on December 18, 1980 and the related detailed rules shall be repealed at the same time.
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Regulations of the People's Republic of China on the Management of Foreign Exchanges
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Article 1 These Regulations are hereby formulated to strengthen the management of foreign exchanges, maintain the balance of international payments, and promote the healthy development of the national economy.
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Article 2 The foreign exchange administrations of the State Council and their branches(hereinafter referred to as the foreign exchange management administration)shall perform the duty of management of foreign exchanges in accordance with law and take charge of implementation of these Regulations.
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Article 3 The foreign exchanges mentioned in these Regulations refer to the following instruments of payment and assets expressed in foreign currencies that can be used for international liquidation:
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(1)Foreign currencies including paper money and coins.
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(2)Foreign currency pay orders including bills, bank deposits, and postal savings deposits.
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(3)Foreign currency negotiable securities including government bonds, company bonds, and stocks.
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(4)Special drawing rights and European Currency Units.
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(5)Other foreign currency assets.
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Article 4 These Regulations are applicable to the foreign exchange receipt and disbursement and foreign exchange business activities of Chinese organizations and individuals, foreign representative offices in China, and foreigners coming into China.
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Article 5 The State shall implement the system of compiling statistics and reports of international payments. All units and individuals involved in international payment activities shall compile statistics and reports of their international payments.
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Article 6 Foreign currencies shall be banned from circulation in the People's Republic of China and form being used for pricing or account settlement.
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Article 7 All units and individuals have the right to report and expose behaviours and activities violating rules on foreign exchange management.
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The units and individuals that do meritorious deeds in reporting or exposing cases of violation against rules on foreign exchange management or in assisting relevant departments in handling such cases shall be awarded and kept in secret by the foreign exchange management administration.
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Foreign Exchanges on Current Accounts
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Article 8 The current account incomes of foreign exchange of domestic enterprises shall be brought home instead of being deposited abroad without authorization in violation of relevant State regulations.
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Article 9 The current account incomes of foreign exchanges of domestic enterprises shall be sold to designated banks in line with State council regulations on the management of their settlement, selling and payment, or deposited into the foreign exchange bank accounts these enterprises have opened, upon approval, with designated banks.
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Article 10 The current expenditures of foreign exchanges of domestic enterprises shall be paid with foreign exchange bought from designated banks upon the strength of valid vouchers and commercial bills, as stipulated in State Council regulations on the management of the settlement, selling and payment of foreign exchanges.
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Article 11 Check-off procedures shall be gone through, in accordance with State stipulations on the management of the check-off of foreign exchange earnings from exports and the management of the check-off of foreign exchange expenditures for imports, for the collection of foreign exchanges by domestic enterprises from exports and their payment of foreign exchanges for imports.
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Article 12 Individual owners of foreign exchanges can hold these foreign exchanges on their own accord, deposit them in banks, or sell them to banks designated to handle foreign exchange businesses.
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The principle of "voluntariness to deposit, freedom to withdraw, payment of interests to bank saving deposits, and keeping secret for depositors" shall be implemented for the depositing of foreign exchanges by individuals.
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Article 13 Individuals who go abroad for personal businesses can purchase foreign exchanges in prescribed amounts. If they want to purchase more than the prescribed amounts, they can apply to the foreign exchange management administration.
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Individuals carrying foreign exchanges with them when they come into or go out of China shall go declaration procedures with the Customs. Those going out of China who carry more than prescribed amounts of foreign exchanges shall also produce valid documents to the Customs.
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Article 14 The foreign exchange pay orders, foreign exchange negotiable securities, and other forms of foreign exchange assets held by Chinese citizens residing in China shall not be carried or sent abroad without approval from the foreign exchange management administration.
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Article 15 The certificate fees charged in Renminbi by foreign diplomatic and consular organizations in China can be exchanged at banks designated to handle foreign exchange businesses on the strength of relevant documents of verification if these fees should be remitted abroad.
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The legitimate Renminbi incomes of other foreign organization in China than those specified in the preceding clause can be exchanged at banks designated to handle foreign exchange businesses on the strength of the notice on foreign exchange sale issued by the foreign exchange management administration after applying to the foreign exchange management administration on the strength of relevant documents of certification, if these incomes should be remitted abroad.
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Article 16 Apart from cases described in the second clause of this article, the Renminbi salaries and other legitimate incomes of foreign experts engaged to work in domestic enterprises can be used to buy foreign exchanges from banks designated to handle foreign exchange businesses for being remitted or carried abroad after payment of taxes in accordance with law.
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If the salaries and other legitimate incomes of foreigners working in foreign-funded enterprises are in foreign exchanges, these foreign exchanges can be remitted or carried abroad directly after payment of taxes in accordance with law.
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If they are in Renminbi, they can be exchanged, at banks designated to handle foreign exchange businesses and on the strength of valid vouchers stipulated by the foreign exchange management administration, into foreign exchanges for being remitted or carried abroad after payment of taxes in accordance with law.
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Article 17 The foreign exchanges of foreign organizations and individuals residing in China received or taken from abroad can be kept by these organizations and individuals, deposited in banks, or sold to banks designated to handle foreign exchange businesses. They can also be remitted or carried abroad on the strength of valid vouchers.
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Foreign Exchanges on Capital Account
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Article 18 The capital-account foreign exchange incomes of domestic enterprises shall be brought home unless otherwise stipulated by the State Council.
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Article 19 The capital-account foreign exchange incomes of domestic enterprises shall be deposited, in line with relevant State regulations, into bank accounts opened with banks designated to handle foreign exchange businesses. If they are sold to banks designated to handle foreign exchange businesses, approval shall be won from the foreign exchange management administration.
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Article 20 In case a domestic enterprise makes investment in a foreign country, its source of foreign exchange funds shall be examined by the foreign exchange management administration before it applies to its responsible department for examination and approval. After approval, relevant remitting procedures shall be gone through in line with stipulations of the State Council on the management of foreign exchanges used for investment in foreign countries.
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Article 21 The borrowing of foreign loans shall be handled in accordance with relevant State regulations by the government departments approved by the State Council or the financial institutions and enterprises approved by the foreign exchange management administration.
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The borrowing of foreign loans by foreign-funded enterprises shall be reported to the foreign exchange management administration for registration.
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Article 22 The issuing of foreign exchange bonds in foreign countries by financial institutions shall be approved by the foreign exchange administration under the State Council and handled in accordance with relevant State regulations.
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Article 23 Foreign-oriented guarantees can be provided only by financial institutions and enterprises meeting conditions stipulated by State regulation and with approval from the foreign exchange management administration.
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Article 24 The State shall implement a foreign debt registration system.
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Domestic enterprises shall carry out registration of foreign debts in line with State Council rules on the statistics compiling and monitoring of foreign debts.
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Foreign exchange administrations under the State Council shall take charge o f statistics compiling and monitoring of the country's foreign debts, and publicizing the country's situation in term of foreign debts.
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Article 25 Foreign-funded enterprises terminated in accordance with law shall be liquidated according to relevant State regulations. The Renminbi left to the foreign investor after payment of taxes can be used to buy foreign exchanges from banks designated to handle foreign exchange businesses for being remitted or carried abroad. The foreign exchanges belonging to the Chinese partner shall be sold entirely to banks designated to handle foreign exchange businesses.
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Financial Institutions and Their Foreign Exchange Businesses
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Article 26 Financial institutions can handle foreign exchange businesses only with approval from the foreign exchange management administration, and obtain licenses for handling foreign exchange businesses.
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No units or individuals shall be allowed to handle foreign exchange businesses without approval from the foreign exchange management administration. The financial institutions approved to handle foreign exchange businesses shall not go beyond their approved scope of businesses.
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Article 27 Financial institutions handling foreign exchange businesses shall open foreign exchange accounts for their clients in line with relevant State regulations and handle relevant foreign exchange businesses.
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Article 28 Financial institutions handling foreign exchange businesses shall pay reserve funds for foreign exchange bank savings deposits in line with relevant State regulations, abide by stipulations on the management of foreign exchange asset-liability ratios, and establish bad debts reserves.
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Article 29 Banks designated to handle foreign exchange businesses shall use their own funds to meet the need of Renminbi in the settlement of foreign exchange accounts.
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Proportional management shall be exercised over the foreign exchanges used by banks designated to handle foreign exchanges as working capital, with specific proportions to be verified by the People's Bank of China according to actual conditions.
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Article 30 Financial institutions handling foreign exchange businesses shall subject themselves to the examination and supervision by the foreign exchange management administration.
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Financial institutions handling foreign exchange businesses shall report balance sheets, statements of losses and gains, and other financial statements and data to the foreign exchange management administration.
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Article 31 Financial institutions terminating foreign exchange businesses shall apply to the foreign exchange management administration. Those approved to stop their foreign exchange businesses shall carry out liquidation of their foreign exchange claims and obligations in accordance with law and hand in their licenses for handling foreign exchange businesses.
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Exchange Rates of Renminbi and Foreign Exchange Swap Centers
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Article 32 A unitary and well-managed floating exchange rate system based on market supply and demand will be implemented for the exchange rates of Renminbi.
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The People's Bank of China shall publish the exchange rates of Renminbi against major foreign currencies according to the prices fixed at interbank foreign exchange swap centers.
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Article 33 Transactions at foreign exchange swap centers shall be governed by the principle of being open, fair, impartial, and honest.
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Article 34 The currencies and forms of transaction at foreign exchange swap centers shall be stipulated and readjusted by foreign exchange administrations under the State Council.
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Article 35 Banks designated to handle foreign exchanges and other financial institutions designated to handle foreign exchange businesses shall be the dealers at inter-bank foreign exchange swap centers.
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Banks designated to handle foreign exchanges and other financial institutions designated to handle foreign exchange businesses shall fix the prices of the foreign exchanges traded between their clients and handle foreign exchange transactions according to the exchange rates published by the People's Bank of China and the floating range specified by this bank.
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Article 36 The foreign exchange administrations under the State Council shall exercise supervision and management of foreign exchange swap centres across the whole country in accordance with law.
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Article 37 The People's Bank of China shall exercise regulation, in accordance with law, of foreign exchange swap centres according to the requirements of the country's monetary policies and changes at the foreign exchange swap centres.
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Legal Responsibilities
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Article 38 Those who commit one of the following acts of foreign exchange evasion shall be ordered by foreign exchange administrations to recall their foreign exchanges within specified periods of time, forced to exchange the money, and asked to pay fines amounting to more than 30 per cent and below five times the foreign exchange they have evaded, or affixed with legal responsibilities if they commit crimes:
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(1)Deposition of foreign exchanges abroad without authorization and in violation of State regulations.
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(2)Failure to sell foreign exchanges to banks designated to handle foreign exchanges, as required by State regulations.
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(3)Remittance or carrying of foreign exchanges out of the country in violation of State regulations.
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(4)Unauthorized carrying or mailing of foreign exchange deposit certificates and foreign exchange negotiable securities out of the country without permission from foreign exchange administrations.
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(5)Other acts of foreign exchange evasion.
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Article 39 Those who commit one of the following acts of illegal foreign exchange arbitrage shall be given a warning by foreign exchange administrations, forced to exchange the money, and asked to pay fines amounting to more than 30 per cent and below three times the foreign exchanges arbitraged, or affixed with legal responsibilities if they commit crimes:
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(1)Payment for imports that should be paid with foreign exchanges in Renminbi, in kind, or in other similar means in violation of State regulations.
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(2)Payment in Renminbi of the expenditures of a third party spent in China for repayment from this party in foreign exchanges.
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(3)Investment in China by overseas investors in Renminbi or with materials bought in China without approval from foreign exchange administrations.
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(4)Purchase of foreign exchanges with faked or invalid certificates, contracts, bills or other deceptive means from banks designated to handle foreign exchanges.
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(5)Other acts of illegal foreign exchange arbitrage.
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Article 40 Those that handle foreign exchange businesses without approval from foreign exchange administrations shall have their illegal incomes confiscated by foreign exchange administrations and be outlawed, or be affixed with legal responsibilities if they commit crimes.
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Financial institutions handling foreign exchange businesses shall be ordered by foreign exchange administrations to make corrections if they handle foreign exchange businesses beyond their scope of businesses, have their illegal incomes if any confiscated and be asked to pay fines amounting to one to five times the illegal incomes, be imposed with fines between RMB100,000 yuan and RMB500,000 yuan if they do not reap any illegal incomes, be ordered by foreign exchange administrations to make rectification and consolidation efforts or have their business licenses revoked
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if they involve in serious cases or fail to make corrections within specified periods periods of time, or be affixed with legal responsibilities if they commit crimes.
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Article 41 Banks designated to handle foreign exchanges shall, if they fail to handle foreign exchange settlement and sales in line with State regulations, be ordered by foreign exchange administrations to make corrections, criticized, have their illegal incomes confiscated, fined between RMB100,000 yuan and RMB 500,000 yuan, or banned from handling foreign exchange settlement and sale businesses if they involve in serious cases.
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Article 42 Financial institutions handling foreign exchange businesses shall, if they go against management of the exchange rates of Renminbi, management of interest rates of foreign exchange deposits, or management of foreign exchange sw, ap centres, be ordered by foreign exchange administrations to make corrections, criticized, have their illegal incomes confiscated if any and fined at between one and five times their illegal incomes,
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fined at between RMB 100,000 yuan and RMB500,000 yuan if they do not reap any illegal incomes, ordered by foreign exchange administrations to make rectification and consolidation efforts or have their foreign exchange business licenses revoked if they involve in serious cases.
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Article 43 Domestic organizations with one of the following acts of violation against the management of foreign debts shall be warned and criticized by foreign exchange administrations, fined between RMB 100,000 yuan and RMB 500,000 yuan, or be affixed with legal responsibilities if they commit crimes:
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(1)Unauthorized borrowing of foreign loans.
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(2)Unauthorized issuance of foreign exchange bonds in foreign countries in violation of State regulations.
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(3)Unauthorized providing of foreign-oriented guarantees in violation of relevant State regulations.
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(4)Other acts of violation against the management of foreign debts.
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Article 44 Domestic organizations committing one of the following acts of illegal of foreign exchange shall be ordered by foreign exchange administrations to make corrections, forced to sell their foreign exchanges, have their illegal incomes confiscated, fined at the amount equal to the amount of foreign exchanges illegally used, or be affixed with legal responsibilities if they commit crimes:
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(1)Pricing and settlement of accounts at home in foreign currency(currencies).
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(2)Unauthorized use of foreign exchanges as mortgages.
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(3)Unauthorized alteration of the purpose of the use of foreign exchanges.
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(4)Other acts of illegal use of foreign exchanges.
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Article 45 Those who buy or sell foreign exchanges privately, under disguise, or for profiteering purpose shall be warned by foreign exchange administrations, forced to sell their foreign exchanges, have their illegal incomes confiscated and fined at above 30 per cent and below three times their illegally traded foreign exchanges, or be affixed with legal responsibilities if they commit crimes.
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Article 46 Domestic organizations that open foreign exchange bank accounts at home or abroad without authorization and in violation of stipulations on the management of foreign exchange bank accounts; lend, collusively use or transfer their foreign exchange bank accounts; or change without authorization the scope of use of their foreign exchange bank accounts shall be ordered by foreign exchange administrations to make corrections, have their foreign exchange bank accounts revoked, criticized, and fined between RMB 50,000 yuan and RMB 300,000 yuan.
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Article 47 Domestic organizations that fabricate, alter, lend, transfer, or repeated use import and export check-off sheets in violation of stipulations on the management of foreign exchange check-offs, or fail to go through check-off procedures shall be warned and criticized by foreign exchange administrations, have their illegal incomes confiscated, fined between RMB 50,000 yuan and RMB 300,000 yuan, or be affixed with legal responsibilities if they commit crimes.
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Article 48 Financial institutions handling foreign exchange businesses shall, if they violate stipulations in articles 28 and 30 of these Regulations, be ordered by foreign exchange administrations to make corrections, criticized, and fined between RMB 50,000 yuan and RMB 300,000 yuan.
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Article 49 The party that has objections against the decision of punishment made by foreign exchange administrations can apply to a foreign exchange administration at a higher level for re-discussion within 15 days after receiving the notice on the decision of punishment. This foreign exchange administration shall make a decision of re-discussion within two months after receiving an application for re-discussion.
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The party that has objections against the decision of re-discussion can lodge a lawsuit with a people's court in accordance with law.
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Article 50 Apart from being dealth with punishments specified in these Regulations, domestic organizations that violate stipulations on the management of foreign exchanges shall have their members in immediate charge and persons immediately responsible disciplined, or affixed with legal responsibilities if crimes are committed.
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Supplementary Rules
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Article 51 The connotations of the following terms as used in these Regulations:
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(1)"Domestic organizations" refers to the enterprise and institutional units, State organs, social groups, and armed units inside the People's Republic of China. They include foreign-funded enterprises.
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(2)"Banks designated to handle foreign exchange" refers to banks approved by foreign exchange administrations to handle businesses of foreign exchange settlement and sale.
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(3)"Individuals" refers to Chinese citizens and foreigners who have resided inside the People's Republic of China for one full year.
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(4)"Foreign representative offices in China" refers to foreign diplomatic and consulate organizations stationed in China, China offices of international organizations, representative offices of foreign businesses in China, and business organs set up in China by foreign non-governmental organizations.
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(5)"Foreigners coming into China" refers to the permanent residents of foreign representative offices in China, foreigners coming to China for shout stays, foreigners employed in China, and foreign students studying in China.
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(6)"Capital account" refers to items of transactions taking place frequently in international payments. They include trade incomes and expenditures, incomes from and expenditures on labor services, and unitary transfers.
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(7)"Capital account" refers to the increase and decrease of the assets and liabilities arising from the inflow and outflow of capital in international payments. They include direct investment, various loans, and securities investment.
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Article 52 Rules on the management of foreign exchanges in bonded zones shall be separately formulated by the foreign exchange administrations under the State Council.
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Article 53 Rules on the management of foreign exchanges in border trade and border free markets shall be formulated separately by the foreign exchange administrations under the State Council in line with the principles of these Regulations.
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Article 54 These Regulations shall take force on April 1,1996.The Provisional Regulations of the People' Republic of China on the Management of Foreign Exchanges promulgated by the State Council on December 18,1980 and their rules shall be nullified at the same time.