The State Administration of Foreign Exchange (SAFE) has recently revised and issued the Measures for Administration of the Pilot Program on Domestic and Foreign Currency Exchange Franchise Businesses for Individuals (Huifa No. 6 [2020], "Measures"). SAFE Press Spokesperson and Chief Economist Wang Chunying answered media questions on relevant issues.
1. What is the background of the Measures?
A: A pilot program on domestic and foreign currency exchange franchise businesses for individuals ("exchange franchise business") was initiated in Beijing and Shanghai in 2008. In April 2012, the SAFE published the Circular of the State Administration of Foreign Exchange on Issuing the Measures for Administration of the Pilot Program on Domestic and Foreign Currency Exchange Franchise Businesses for Individuals (Huifa No. 27, [2012]) to further expand the pilot program. Over the years, with its scope continuously expanded, the exchange franchise business has maintained stable growth. Featuring flexible service time, a large variety of currencies, small amount for exchange per transaction, and outlet location in transport hubs such as airports and ports, the exchange franchise business is a favorable complement to the bank exchange business to meet individuals' demands for exchange of domestic and foreign currencies.
To improve administration of the exchange franchise businesses in line with the reform requirements of the State Council of delegating power, improving regulation, and upgrading services, the SAFE has revised the Measures for Administration of the Pilot Program on Domestic and Foreign Currency Exchange Franchise Businesses for Individuals based on its surveys and research, with no changes to the permitted scope of domestic and foreign currency exchange franchise businesses for individuals and the administration principles of foreign exchange settlement and sales for individuals. Upholding easy access and rigorous regulation, the Measures will be favorable for reducing costs of institutions engaged in the domestic and foreign currency exchange franchise businesses ("exchange franchise institution") and will have a positive impact on optimizing the business environment, guarding against financial risks and further facilitating domestic and foreign currency exchange for individuals.
2. How will the Measures facilitate business activities of exchange franchise institutions?
A: first, the Measures will help streamline administrative approval. The approval for the qualification of exchange franchise institutions for nationwide operations will be delegated to the SAFE branches with whom they have registered. Approval for opening a foreign exchange reserve account by exchange franchise institutions and for preparation for market access by their branches/sub-branches will be canceled. Second, the Measures can help optimize processes. Exchange franchise institutions will be allowed to start electronic exchange business for individuals, sales and redemption of electronic travelers' cheques, and handle changes of business address after prior reporting. Third, the Measures will be conducive to license streamlining and offering convenience to the public. For market access, the supporting materials like business license and no-action letter will no longer be required from application institutions.
3. Will the Measures impact the domestic and foreign currency exchange businesses for individuals?
A: No, it won't. According to the Measures, no change has been made to the existing administration principles for domestic and foreign currency exchange businesses for individuals. With their authentic ID certificates presented, individuals can easily handle domestic and foreign currency exchange through the business channels offered by exchange franchise institutions.
4. Are there any measures set forth in the Measures to guard against risks arising from cross-border flows such as money laundering?
A: Following the reform requirements of the State Council of delegating power, improving regulation, and upgrading services, and the guideline of combining power delegation and stringent regulation, the revised Measures allows transfer of ex-ante approval for more administrative resources to enhanced ongoing and ex-post regulation. On the one hand, the Measures requires that exchange franchise institutions should build an effective mechanism for internal verification and correction, intensify monitoring and authentication of suspected exchange transactions that are cumulatively large-sized, and tighten management of customers handling unusual transactions, so as to prevent individuals from splitting its transactions through exchange franchise businesses and circumventing foreign exchange administration with fake certificates. On the other hand, the Measures requires local foreign exchange authorities to increase off-site and on-site verification of business activities of exchange franchise institutions within their jurisdictions and clarify scenarios where measures like risk reminder and rectification orders are implemented. (The end)
