An interview was recently conducted with a responsible person from the State Administration of Foreign Exchange (SAFE) on the revised Methods for Reporting the Balance of Payments Statistics (hereafter referred to as the Methods).

1. For what types of transactions does China require that the statistics on the balance of payments be reported?

A: In principle, balance-of-payments (BOP) statistics are required for all economic transactions between Chinese and non-Chinese residents, and all financial assets and liabilities arising therefrom, settled in either RMB or foreign currency: “residents” refer to individuals and institutions; “non-Chinese residents” refer to overseas individuals and institutions. “Economic transactions” refer to all activities involving economic incomes and expenditures, including purchases and sales of commodities, provision and use of services, and donations and financial investments, thus emphasizing the capital flows as the relevant activities occur. “Financial assets and liabilities arising therefrom” refer to a creditor’s rights and debt obligations after the occurrence of financial investments, with an emphasis on capital stock.

2. Among non-Chinese residents, who is required to report the BOP statistics? Is this also required of overseas Chinese?

A: According to the revised Methods, non-Chinese residents who engage in economic transactions with Chinese residents within the territory of China are required to report the BOP statistics. Currently, statistical data on the balance of payments regarding transactions between Chinese and non-Chinese residents are primarily collected from the Chinese residents. The SAFE does not require non-Chinese residents to report the BOP statistics. However, as these transactions continue to expand in size and type, it will become more difficult and more costly to collect data only from the Chinese residents and will be more difficult to effectively guarantee the quality of the data. Thus, the revised Methods include a reporting requirement for non-Chinese residents who engage in economic transactions within China. The SAFE will introduce specific requirements in this regard at an appropriate time based on the actual circumstances.

As overseas Chinese have been residing outside of China for a long period of time and most of their economic interests are in other countries, they are deemed to be non-Chinese residents. When they engage in economic transactions with Chinese residents within China it is difficult to collect high-quality statistical data, thus they are required to carry out the reporting obligation. But they need not report the BOP statistics on all their economic transactions, including those carried out with other non-Chinese residents outside of China, as these transactions are beyond the scope of the statistics in China.

3. Through what channels should the BOPS be reported?

A: Entities now report the BOP statistics to the SAFE primarily through two channels: (1) direct reporting. This applies to large (financial and non-financial) institutions that are required to make timely reports on their transactions with respect to bulk foreign-related goods, services, stocks and bonds investments, deposits, and loans and financial derivatives investments; (2) indirect reporting, or reporting through relevant intermediaries.  This applies to small and medium enterprises (SMEs) and individuals. Such an approach is designed to reduce the burden of on reporting entities, given the characteristics of their foreign-related economic transactions. The relevant intermediaries include banks, insurance companies, securities and fund companies, and institutions engaging in securities registration and settlement as well as custody of funds.

4. What is the meaning of “foreign financial assets and liabilities”?

A: According to the revised Methods, the statistical scope of the balance of payments is expanded to include foreign financial assets and liabilities of Chinese residents. Simply put, assets with corresponding creditors and debtors are financial assets, including stocks, bonds, financial derivatives, deposits, loans, trade credits, and other receivables and payables. These assets are financial assets for the creditors and liabilities for the debtors. In contrast, there are non-financial assets, or assets without corresponding debtors, such as machinery equipment, inventories, gems, and intangible assets. To better understand the operations of the reporting entities, the SAFE enumerated the concept in the Notice of the State Administration of Foreign Exchange on Issuing Statistical Systems for Foreign Financial Assets, Liabilities, and Trading (Huifa [2013] No.43).

5. After the revised Methods have been implemented, how will Chinese individuals report their foreign financial assets?

A: During the recent years Chinese individuals have made foreign financial investments based primarily on the system for qualified domestic institutional investors (QDII). Data on the stock of financial assets generated from these investments are primarily collected through the QDII custodian banks. The SAFE currently does not require individuals to report their stock of foreign financial assets. But as China's economy develops rapidly, individuals will have a broader range of channels for making foreign financial investments, and financial assets will continue to expand in size. To improve the quality of the statistical data, the revised Methods begin by improving the relevant systems and clarifying the obligations of individuals within China in terms of reporting their foreign financial assets and liabilities. The rules for the new Methods will be introduced in detail in the future, focusing on supervising the major financial investments made by Chinese individuals and easing controls over minor investments, with the aim of reducing the reporting burdens.

6. What penalties will be imposed if entities fail to report the BOP statistics?

A: According to the revised Methods, the SAFE, or its branches/sub-branches, will penalize institutions and individuals that fail to report the BOP statistics in accordance with Article 48 of the Regulations of the People’s Republic of China on Foreign Exchange Administration. Penalties include warnings by foreign exchange administration authorities issued to the violating institutions and to individuals and orders that they correct their violations; institutions will be fined by a maximum of RMB300,000 and individuals will be fined by a maximum of RMB50,000 .

7. How will the SAFE ensure the timeliness, accuracy, and integrity of the BOP statistical data that are reported?

A: China has created a complete and effective administrative system for collecting the BOP statistics. Further, the SAFE will take the following measures to ensure the timeliness, accuracy, and integrity of the BOP statistical data that are reported after the revised Methods are implemented.

First, further improving the relevant laws and regulations. With implementation of the new Methods, the SAFE will standardize the content of the data and the channels for collection of the BOP statistics in accordance with the implementation rules and normative documents and will clarify the reporting obligations and channels for the relevant institutions and individuals. The SAFE has recently revised the Statistical System for Foreign Financial Assets, Liabilities, and Trading in line with the statistical scope of the “foreign financial assets and liabilities” highlighted in the new Methods. It will continue to supplement and improve the standards and rules for statistical reporting in light of the development of foreign exchange business and statistical needs.

Second, enhancing the building of a data acquisition system to make overall improvements in the quality of the statistical data. The SAFE will accelerate development of a data submission system that will be aligned with the revised Methods and will provide banks and other reporting entities with rapid-reporting access. This will help the SAFE to employ wide-scale IT applications in terms of data collection, summaries, and processing.

Third, intensify training and verification efforts. The foreign exchange administration authorities at all levels will provide data- reporting institutions such as banks with regular business training to improve the professional expertise of those statisticians involved in balance-of-payments transactions. The authorities will also conduct off-site verifications of the BOP statistical data that has been reported, track the quality of the relevant data in a timely manner, and even conduct on-site verifications if necessary.

8. What is the purpose of the BOP statistical data? Will the new Methods play an active role in combating corruption, money laundering, and tax evasion?

A: According to Article 16 of the new Methods, “The SAFE and its branches and sub-branches shall keep the reported data strictly confidential and shall use them only for BOP statistical efforts. Unless otherwise provided by law, BOPS statisticians shall not provide the reported data to any institutions and individuals in any form.” Thus, the reported data on the BOP statistics are primarily used by the SAFE for monitoring and analyzing the foreign exchange situation and cross-border capital flows, and for compiling foreign-related macro-economic statistical data, including balance-of-payments statements, the international investment position, and foreign-related receipts and payments through banks.

Thus far, independent management systems and data sources have been created to combat corruption, money laundering, and tax evasion. Unless otherwise provided for by the law, the SAFE will not provide the reported statistical data on the BOP to the above administrative authorities. These authorities shall not combat or penalize illegal practices by using the above data.

9. With the implementation of the new Methods, more entities will be required to report the BOP statistics. Will this contravene those policies that have been designed to facilitate external investments?

A: No, it will not. First, as we allow the market to play a decisive role in allocating resources so as to facilitate external investments, China will be exposed to growing external economic risks. Only by acquiring timely, accurate, and integrated BOP statistical data can the potential risks be effectively warded off, thereby creating conditions for a bi-directional opening-up of the capital market. Second, in the wake of the global financial crisis, the major economies have imposed more stringent statistical requirements on foreign-related transactions by expanding the scope of the statistics, increasing the statistical elements, and enhancing the timeliness of the statistics. Major economic organizations including the IMF have increased the statistical standards for foreign-related transactions. China has tightened its requirements on reporting the BOP statistics in accordance with international conventions. Third, with implementation of the new Methods, the SAFE will develop scientific rules to reduce the burdens on the reporting entities by optimizing the channels and simplifying the procedures, thus enabling the entities to engage in more efficient reporting. The SAFE will also disclose the relevant BOP statistical data in a timely manner, thus revealing the development of China's foreign-related economy, with the aim of providing data support to develop investment strategies and to mitigate risks.