(Promulgated by the State
Administration of Exchange Control on December 18, 1995)
Article 1 This set of
procedures has been formulated in accordance with provisions of related laws and
regulations, with the aim of perfecting the roaring exchange control in the bonded
areas to enhance the development of the export-oriented economy.
Article 2 The bonded
areas referred to in this set of procedures are the economic areas on the territory of the
People's Republic of China (referred to hereinafter as inside China )established with the
approval of the State Council to be put under the special supervision of the customs.
Article 3 The
"outside areas "referred to in this set of procedures are the areas inside China
other than the bonded areas.
Article 4 The
"in-area institutions" referred to in this set of procedures are the
administrative organs, enterprises, institutions and other economic organizations inside
the bonded areas.
Article 5 The
"in-area enterprises" referred to in this set of procedures are the enterprises,
Chinese-founded or foreign-funded, registered in the bonded areas.
Article 6 The
departments responsible for the administration of foreign currencies in the bonded areas
are the State Administration of Exchange Control and its subsidiaries (referred to
hereinafter as exchange control bureaus).
Article 7 Foreign
exchange income and expenditure of institutions and individuals inside the bonded areas
shall be controlled by these set of procedures.
Foreign exchange business by
financial institutions and their subsidiaries inside the bonded areas shall be
reported to the State Administration of Exchange Control for approval.
Article 8 Trade-related
goods flowing in and out of the bonded areas shall be priced and settled with foreign
exchanges. Daily articles bringing in the areas for consumption of in-area institutions
and the rentals for houses and lands, may be priced and settled with either Renminbi or
foreign exchanges.
Article 9 The in-area
enterprises can settle their accounts either with Renminbi or foreign exchanges.
Artice10 Administrative
organs inside the bonded areas shall price and settle their transactions in Renminbi.
Article 11 The in-area
enterprises shall submit the following documents to exchange control bureaus for
foreign exchange registration formalities within 30 days after the approval of their
establishment:
1. Documents issued by State
administrative departments on approving the enterprise's establishment;
2. Business licenses issued by
the industrial and commerce administrative departments;
3. The enterprises' contracts,
articles of association or other agreements already approved.
The exchange control bureaus,
after examining and verifying the validity of the documents, shall issue Registration Card
of Exchange Control of the Bonded Areas.
Article 12 The in-area
enterprises shall, with a Registration Card of Exchange Control of the Bonded Areas, open
a basic foreign exchange account with a local financial institution inside the bonded
areas to handle day-to-day transfer and settlement of accounts and cash transactions. They
can also open a special foreign exchange account with a local financial institution
inside the bonded areas. However, they cannot open more than two basic foreign exchange
accounts. Neither can they open basic foreign exchange accounts outside their own bonded
areas. No foreign exchange accounts shall be opened outside the bonded areas unless
approved by the exchange control bureaus.
Article 13 In-area
enterprises , if they want to open foreign exchange accounts in other bonded areas, will
have to file applications with the exchange control bureaus of the local bonded areas, and
after approval, present the approval documents to the exchange control bureau of the
bonded area where the new account is to be opened for further approval.
Article 14 In-area
enterprises, if they want to open foreign exchange accounts overseas, will have to have
the approval of the local exchange control bureaus. The overseas accounts shall be
utilized in line with the stipulated receipt and payment scope and the usage
period.
Article 15 In-area
financial institutions, when opening foreign exchange accounts for in-area enterprises,
shall fill in the related blanks of the Registration Card of Exchange Control of the
Bonded Areas, clearly listing the bank's name, currency, account number and income and
expenditure scope, as well as the bank's official seal.
Article 16 In-area
banks designated to handle foreign exchange business shall follow the middle exchange
rates as promulgated by the People's Bank of China in processing selling and settlement of
foreign exchange for in-area enterprises, with the exchange rates within the stipulated
fluctuation scope.
Article 17 All foreign
exchange incomes earned by in-area institutions shall be transferred inside the bonded
areas.
Article 18 In-area
interests can retain the foreign exchange or sell them to designated banks inside the
bonded areas. Foreign exchange revenues by in-area administrative organs shall be sold to
designated banks that handle foreign exchange inside the bonded areas. Without the
approval of the exchange control bureaus, the in-area administrative organs cannot keep
the exchanges outside the bonded areas or sell the exchanges to banks outside the bonded
areas.
Without the approval of the
exchange control bureaus, the borrowing of foreign exchanges in and outside the bonded
areas by the in-area enterprises should not be settled.
Article 19 In-area
enterprises, when withdrawing foreign exchange used for designated business activities,
shall submit Registration Card of Exchange Control of the Bonded Areas that has been
validated annually, payment agreement or contract or the payment notice from overseas or
in-area financial or non-financial institutions and other valid proofs and business
receipts as required for withdrawal from their foreign exchange accounts.
Article 20 In-area
enterprises without foreign exchange account or without enough foreign exchange capital,
may get foreign exchange from designated foreign exchange banks inside the bonded areas on
the strength of a Registration Card of Exchange Control of the Bonded Areas and other
valid proofs and business vouchers as stipulated in the Provisional Regulations on
Controlling Exchange Settlement, Exchange Selling and Exchange Payment.
Article 21 In-area
enterprises shall present approval documents from foreign exchange bureaus and the
annually validated Registration Card of Exchange Control of the Bonded Areas to cash
foreign exchange from their foreign exchange accounts for the following expenditures:
1. The transfer of foreign
exchange capital;
2. The remittance of expenses
required for opening subsidiaries or offices established overseas with permission, or
operational capital thereof;
3. Repaying principal and
interest of foreign exchange loans provided by domestic and overseas financial
institutions or overseas enterprises and individuals;
4. The remittance of
investment overseas;
5. The remittance of advance
loans and commission exceeding the stipulated proportion and amount;
6. Other foreign exchange
expenditures stipulated by the State Exchange Control Administration.
Article 22 In-area
enterprises can retain profits, dividends and bonuses in foreign exchange . If such funds
are sent outside the bonded areas, the transactions shall be governed by exchange control
regimes outside the bonded areas.
Article 23 Overseas
investors of in-area enterprises, when remitting profits, dividends and bonuses, cash from
the enterprises' basic foreign exchange accounts, provided that they present the annually
validated Registration Card of Exchange Control of the Bonded Areas, the profit
distribution resolutions by the board of directors and tax payment certificates.
Article 24 Overseas
investors of in-area enterprises, if they intend to invest their profits, dividends and
bonuseds in Renminbi in new projects, shall file applications with the exchange control
bureaus, presenting profit distribution resolutions by the board of directors, tax payment
certificates and verification documents from registered accounting services. The
investment procedures cannot proceed unless approved.
Article 25 In
liquidation due to closing or expiration of the business term, in-area enterprises shall
cancel the Registration Card of Exchange Control of the Bonded Areas, return the card and
proceed with the liquidated formalities and have their accounts closed within the
designated periods stipulated by the State. After liquidation, foreign exchange belonging
to overseas investors may be remitted overseas after approval; foreign exchange belonging
to Chinese investors shall be transferred outside the bonded areas and handled in
accordance with regulations on exchange control outside the bonded areas.
Article 26 Salaries and
other legal incomes by foreigners, overseas Chinese, residents of Taiwan, Hong Kong and
Macao, after payment of related taxes, may be remitted or brought overseas.
Article 27 When goods
are transferred into the bonded areas from outside or vice versa, examination and
underwriting of the export foreign exchange income and import foreign exchange payment
shall be handled by enterprises outside the bonded areas in accordance with Procedures on
the Administration, the Examination and Underwriting of Export Exchange Income and The
Provisional Procedure on the Administration of the Examination and Underwriting of Import
Exchange Payment. When goods are transferred from the bonded areas to overseas or vice
versa, the in-area enterprises do not handle formalities of the examination and
underwriting.
Article 28 If in-area
enterprises commission any enterprises outside the areas to handle export businesses, the
enterprises outside the areas, after going through formalities on export exchange income
examination and underwriting in accordance with related regulations, transfer the original
foreign exchange to the in-area enterprises, on strength of the proxy agreements. If
in-area enterprises commission any enterprises outside the areas to handle import
businesses, the in-area enterprises shall transfer the foreign exchanges to the
enterprises outside the bonded areas on the strength of the proxy agreements and approval
documents from the exchange control bureaus. The examination and underwriting of the
import exchange payment shall be undertaken by the enterprises outside the bonded areas.
Article 29 When in-area
enterprises act as agents for the import businesses for enterprises outside the areas, the
enterprises ousted the areas shall transfer foreign exchange to the in-area enterprises,
on the strength of the proxy agreements. They will also go the rough formalities of
foreign exchange examination and underwriting I accordance with related regulations.
Article 30 When in-area
enterprises plan to borrow foreign exchange funds from foreign-funded financial
institutions, foreign financial institutions, enterprises and individuals in China, the
transactions shall be governed by China's related regulations on foreign debts.
Article 31 When in-area
enterprises make investment overseas, the transactions shall be governed by China's
related regulations on overseas investment with foreign exchange.
Article 32 The in-area
institutions and individuals shall report their balances of international payments in
accordance with the State's regulations.
Article 33 The in-area
enterprises shall provide the exchange control bureaus with related tables and other data
in accordance with regulations.
Article 34 The in-area
enterprises shall have Registration Card of Exchange Control of the Bonded Areas validated
before April 30 of each year with the exchange control bureaus on the strength of the
original card and other required documents. After annual validation of their Registration
Card of Exchange Control of the Bonded Areas in-area enterprises can handle the receipt
and payment of foreign exchange with in-area financial institutions or handle exchange
settlement and exchange selling with designated financial institutions inside the bonded
areas on strength of the cards concerned with validated seals. The in-area enterprises
whose Registration Card of Exchange Control of the Bonded Areas fail to be validated or
who failed to handle the annual validation procedures before the deadline shall spend or
receive foreign exchange case by case under permission by the exchange control bureaus.
Article 35 The exchange
control bureaus will have annual examination of the in-area enterprises on the following
items:
1. The handling of
Registration Card of Exchange Control of the Bonded Areas;
2. The execution of the
investment contracts of the foreign-funded enterprises or the obligations as assigned in
the enterprises' articles of association;
3. The opening and usage of
the foreign exchange accounts;
4. Balances of foreign
exchange;
5. The usage of the purchased
or sold foreign exchange;
6. Debts in foreign exchange;
7. The submission of reporting
statements and tables;
8. Other items as stipulated
by the State Administration of Exchange Control.
Article 36 The exchange
control bureaus shall conduct regular or irregular supervision and inspection in in-area
institutions on their balances or foreign exchange. As to violations of this set of
procedures, the exchange control bureau shall warn, fine, or circulate a notice of
criticism of, those responsible enterprises. The exchange control bureaus can also mete
out other punishments in accordance with the country's related laws and regulations on
exchange control.
Article 37 The in-area
financial institutions shall, in accordance with related regulations, provide in-area
institutions with services of opening accounts, exchange settlement and selling and the
receipt and payment of foreign exchange capital. The exchange control bureaus can punish
those violating this set of procedures with warning, fines, suspension of the business of
foreign exchange account opening, suspension of the business of exchange settlement and
selling, or even the revocation of the License for Foreign Exchange Businesses.
Article 38 This set of
procedures shall be interpreted by the State Administration of Exchange Control.
Exchange control bureaus
inside the bonded areas may formulate detailed rules for the implementation of these set
of procedures to be put into force after being reported to and approved by the State
Administration of Exchange Control.
Article 39 This set of
procedures enter into effect as of January 1, 1996. The Provisional Procedures on Foreign
Exchange Control in Bonded Areas, promulgated on June 29, 1991, and other detailed rules
for their implementation are nullified at the same time.
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