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为推进辖内跨国公司跨境资金集中运营管理，持续释放政策红利，外汇局云南省分局于12月16日组织辖内11家银行和6家跨国公司召开资金池业务政策传导会。 会上，银行和企业代表就当前资金池运营情况、业务诉求及实际操作中遇到的问题等交流发言。云南省分局对现有资金池政策、高版本资金池试点政策进行宣传解读，逐一解答银行和企业提出的问题，并从事后监管角度提出工作要求。 下一步，云南省分局将持续跟踪评估辖内跨国公司现有资金池政策执行情况，积极做好政策宣传辅导，稳步推进辖内跨国公司跨境资金集中运营管理扩面提质，助力企业提升跨境资金统筹使用效率，为区域经济高质量发展提供有力支撑。 2024-12-19/yunnan/2024/1219/1335.html
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为进一步规范外汇局系统行政复议案件办理工作，保护公民、法人和其他组织的合法权益，根据《中华人民共和国行政复议法》《中华人民共和国行政复议法实施条例》及《中华人民共和国外汇管理条例》等相关法律法规，国家外汇管理局修订了《国家外汇管理局行政复议程序》（见附件），现予公布，自公布之日起施行。 附件：国家外汇管理局行政复议程序 国家外汇管理局 2024年4月18日 2024-04-26/liaoning/2024/0426/2295.html
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附件：现行有效外汇管理主要法规目录（截至2024年6月30日） 2024-07-30/liaoning/2024/0730/2298.html
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The branches of the State Administration of Foreign Exchange (“SAFE”) in all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning; and all national Chinese-funded banks: In order to thoroughly implement the decisions and deployment made by the CPC Central Committee and the State Council, further facilitate cross-border trade and investment, and effectively enhance the role of foreign exchange administration in serving the real economy, the SAFE has decided to further deepen the reforms of foreign exchange administration, facilitate market entities to handle cross-border trade and investment businesses in compliance with regulations, and promote high-quality development through high-level opening-up. The relevant matters concerned are hereby notified as follows: I. Facilitation of foreign exchange receipts and payments for trade i. Optimizing foreign exchange administration on market procurement trade. When a market entity engaged in market procurement trade that commissions a third party for export declaration handles foreign exchange collection in its name, it shall meet the following conditions: 1. The market entity engaged in market procurement trade has registered on the online platform for market procurement trade established by the local government. The online platform for market procurement trade shall be able to collect information throughout the transaction and export processes and provide detailed export data corresponding to enterprises and individual industrial and commercial households. 2. The bank that handles the foreign exchange collection for the market entity shall connect its system with the online platform for market procurement trade or adopt other necessary technical means such as logging into the webpage of the online platform for market procurement trade to identify the customer’s identity, verify the authenticity of the transaction background, and prevent the reuse of transaction information. ii. Relaxing requirements for the netting settlement of balances in processing trade. When a bank handles the settlement of funds for an enterprise’s counterparty foreign exchange collection and payment for imported materials processing trade, i.e., the netting settlement in export payment and payment for imported materials and parts, the bank shall ensure that the following conditions are met: 1. The enterprise shall purchase materials and parts from an overseas counterparty for processing, and then sell the finished products to the same overseas counterparty. 2. Before the enterprise carries out the foreign exchange collection and payment deduction for the imported materials processing trade, it shall present relevant materials to the bank for explanation, and the bank shall add the “enterprise for counterparty foreign exchange collection and payment deduction on imported materials processing trade” label in the entity identification function of the foreign exchange monitoring system for trade in goods. 3. The enterprises shall reasonably schedule the netting cycle and settle accounts receivable and payable in a timely manner. In principle, netting settlements shall be made no less than once per quarter. The banks shall review the authenticity and reasonableness of businesses in accordance with the principles of business development, handle the foreign exchange collection and payment deduction in imported materials processing trade for enterprises identified as “enterprises for counterparty foreign exchange collection and payment deduction in imported materials processing trade”, and process the declaration of actual receipt and payment data and restored data as required (see Annex 1 for declaration requirements). iii. Improving the collection and payment of cross-border trade funds under entrusted agents. If an agent is unable to handle the collection and payment of foreign exchange for trade in goods due to bankruptcy, frozen bank accounts or other situations, the bank can handle the collection and payment of foreign exchange for trade in goods prudently for the entrusting party after confirming the authenticity and reasonableness of the receipts and payments in accordance with the business development principle, and mark “non-customs declarant + foreign exchange receipt and payment for the entrusting party + XXX (name of the agent)” in the remarks of the foreign-related receipts and payments declaration transaction. iv. Facilitating the settlement of foreign exchange funds for commercial leasing business of domestic institutions. When a domestic institution (hereinafter referred to as the “lessee”) uses its foreign exchange income to pay rent in foreign currency for domestically rented commercial items (including aircraft, ships, and large equipment) to a domestic leasing company (hereinafter referred to as the “lessor”), it shall meet the following conditions: 1. The lessee has a stable source of foreign exchange income in a certain scale; the lessee’s annual rent payment in foreign currency shall in principle be no less than the equivalent of US$100 million, and the expenditure needs shall be reasonable; the lessee has been included on the list of high-quality enterprises in the facilitation of foreign exchange receipts and payments for trade. 2. More than 50% of the lessor’s funds for purchasing the leased property come from its debt in foreign currency, or the lessor has rented the leased property from abroad and needs to pay rent in foreign currency for the leased property. In principle, the foreign currency rental income collected by the lessor shall not be used for foreign exchange settlement (except for the payment of domestic taxes, cancellation, or liquidation), but it can be used to pay oversea rent, pay foreign currency debts, make payments for items rented overseas, or pay other foreign exchange expenses in compliance with the regulations of the SAFE. The banks shall follow the principles of business development and handle foreign currency rent transfer business for domestically rented commercial items after reviewing the authenticity and reasonableness of the business. The lessee shall fill in the commercial lease contract number in the Domestic Remittance Application or other transaction remarks columns and indicate “Payment of Rent in Foreign Currency”; the lessor shall fill in the commercial lease contract number in the transaction remarks column of the Domestic Income Declaration and indicate “Collection of Rent in Foreign Currency.” II. Expansion of facilitation policies for capital accounts v. Promoting the policy on pilots for the facilitation of cross-border financing across China. Technology-based small and medium-sized enterprises (SMEs) shall be included as business entities in the pilot for the facilitation of cross-border financing to further support the technological innovation of SMEs. Qualified high-tech, professional, refined, specific, novel, and technology-based SMEs within the jurisdictions of Tianjin, Shanghai, Jiangsu, Shandong (including Qingdao), Hubei, Guangdong (including Shenzhen), Sichuan, Shaanxi, Beijing, Chongqing, Zhejiang (including Ningbo), Anhui, Hunan and Hainan can independently borrow foreign debts within the equivalent limit of US$10 million. Qualified high-tech, professional, refined, specific, novel and technology-based SMEs in other regions can independently borrow foreign debts up to an equivalent amount of US$5 million (see Annex 2 for implementation details). vi. Relaxing restrictions on the scale of upfront expenses for overseas direct investment (ODI). The restriction that the cumulative remittance of upfront expenses for the overseas direct investment by domestic enterprises shall not exceed the equivalent of US$3 million shall be lifted, while the cumulative remittance shall not exceed 15% of the total proposed investment by China. vii. Facilitating the payment and use of equity transfer funds and funds raised from overseas listings under the category of domestic reinvestment made by foreign direct investment (FDI). The asset realization accounts under the capital account shall be changed into settlement accounts under the capital account (see Annex 3 for the relevant account consolidation plan). Domestic equity transferors (including institutions and individuals) can, when receiving equity transfer consideration funds paid in foreign currency by domestic entities and foreign exchange funds raised by domestic enterprises from overseas listings, directly remit the funds to the settlement accounts under the capital account. The funds in the settlement accounts under the capital account can be settled and used independently. Domestic equity transferors can, when receiving equity transfer consideration funds paid by foreign-invested enterprises with funds in RMB obtained from foreign exchange settlement (i.e. from direct foreign exchange settlement income or RMB funds in the account to be paid for foreign exchange settlement), directly transfer the funds to the RMB accounts of the domestic equity transferors. III. Optimization of foreign exchange administration under the capital account viii. Improving the management of negative lists on the use of capital account revenues. Non-financial enterprises shall follow the principles of authenticity and self-use in the use of their capital funds, foreign exchange income under foreign debts and RMB funds obtained from their foreign exchange settlements, and shall not directly or indirectly use such funds for expenditures prohibited by Chinese laws and regulations; unless otherwise expressly specified, such funds shall not be used directly or indirectly for portfolio investments or other investment and wealth management (except for wealth management products and structured deposits with a risk rating of not higher than Level 2); such funds shall not be used to issue loans to non-affiliated enterprises (except for the scenarios expressly permitted in the business scope and the following four areas -- the Lin-gang Special Area of Shanghai China Pilot Free Trade Zone, Guangzhou, Nansha New Area of the China (Guangdong) Pilot Free Trade Zone, the Yangpu Economic Development Zone of the China (Hainan) Free Trade Port, and the Beilun District of Ningbo in Zhejiang Province).; and such funds shall not be used for purchase of residential properties that are not for self-use (except for enterprises engaged in real estate development or real estate leasing operations). ix. Canceling the approval requirement for opening foreign debt accounts in other regions. Non-financial enterprises with reasonable needs are allowed to open foreign debt accounts at banks in regions outside the jurisdictions of the foreign exchange administration branches where those enterprises were registered. Banks are encouraged to include more high-quality enterprises in the pilot initiatives for the facilitation of capital account income payments. Efforts shall be made to further diversify cross-border investment and financing products and exchange rate risk management products based on the actual needs of enterprises, and optimize business processes. Efforts shall be made to ensure that due diligence of clients is properly done in accordance with the principle of business development. Technological means shall be leveraged to enhance post-hoc monitoring, and more accessible and efficient cross-border fund settlement services for authentic and compliant cross-border investment and financing shall be provided. And any abnormal or suspicious cases shall be reported in a timely manner. All branches shall strengthen in-process and post-hoc supervision, verification, and inspection of the above-mentioned businesses, and guide banks and enterprises to conduct business in compliance with relevant regulations. This Notice shall be implemented from the date of issuance (Item vii shall be implemented from June 3, 2024). If any previous regulations are inconsistent with this Notice, this Notice shall prevail. (i.e. See Annex 4 for specific revised provisions). After receiving this Notice, all provincial (municipal) branches of the SAFE shall promptly forward it to prefecture (city)-level branches, urban commercial banks, rural commercial banks, foreign-funded banks, and rural cooperative banks within their respective jurisdictions. Annexes: 1. Declaration Requirements for the Netting Settlement of Balances in Processing Trade 2. Detailed Implementation Rules for the Facilitation of Cross-border Financing 3. Plan for the Settlement Account Consolidation of Capital Accounts 4. Selected Provisions in Four Normative Documents on Foreign Exchange Administration as Amended by the State Administration of Foreign Exchange (SAFE) The State Administration of Foreign Exchange December 4, 2023 2023-12-08/en/2023/1208/2262.html
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The State Administration of Foreign Exchange (SAFE) has recently issued the Notice of the State Administration of Foreign Exchange on Further Deepening Reforms and Facilitating Cross-border Trade and Investment (Huifa [2023] No. 28, hereinafter referred to as the “Notice”). SAFE Deputy Administrator and Press Spokesperson Wang Chunying answered media questions on relevant contents of the Notice. Q: What is the background for the issuance of the Notice? A: Since the 18th National Congress of the Communist Party of China, the SAFE has placed equal emphasis on development and security , consistently advanced reforms and opening up in the foreign exchange sector, and promoted facilitation of cross-border trade, investment, and financing. In practice, we have noticed that the vigorous development of new business forms and new modes of foreign trade and the increasing diversification of cross-border investment and financing activities have generated new and heightened demands among market participants for facilitation of foreign exchange services. To thoroughly implement the arrangements and demands of the Central Financial Work Conference that “the financial sector shall provide high-quality services for economic and social development”, the SAFE has conducted in-depth research on market appeals, thoroughly summarized previous pilot experience, and systematically reviewed foreign exchange administration policies related to the trade and foreign exchange receipts and payments, cross-border financing for technology-based enterprises, and foreign direct investment. Building upon this groundwork, the SAFE has issued the Notice which includes nine policies and measures to further deepen reforms in foreign exchange administration and promote the facilitation of cross-border trade and investment. Q: What are the policy principles outlined in the Notice? A: The Notice puts forward the following key policy principles. On a macro level, our goal is to strengthen and refine the policy supply in the field of foreign exchange, and enhance comprehensive policy integration. Specifically, we aim to deepen reforms and opening up in the facilitation of transactions related to both the current account and the capital account. Meanwhile, we will continuously enhance the dual management framework of the foreign exchange market, combining macro-prudential measures with micro-regulation. These endeavors will contribute to the construction of a modern financial system with Chinese characteristics. On a micro level, our focus is on actively promoting stability in foreign trade and foreign investment. This involves further streamlining foreign exchange management, shortening procedures of related cross-border businesses, and facilitating market participants in complying with regulations when handling cross-border trade and investment businesses. Through these initiatives, we aim to effectively boost market vitality and better serve the high-quality development of the real economy. Q: What specific measures does the Notice introduce to facilitate cross-border trade? A: The Notice has introduced four measures to facilitate cross-border trade. Firstly, optimizing foreign exchange administration on market procurement trade. The banks can utilize online platforms for market procurement to facilitate foreign exchange receipts and payments for market procurement merchants through various channels. Secondly, relaxing requirements for the netting settlement of balances in processing trade. The banks can handle the settlement of funds for enterprises’ counterparty foreign exchange collection and payment for imported materials processing trade. Thirdly, improving the collection and payment of cross-border trade funds under entrusted agents. When an agent is unable to handle the collection and payment of foreign exchange for trade in goods due to a special circumstance, the bank can handle the collection and payment of foreign exchange for trade in goods for the entrusting party. Fourthly, facilitating the settlements of foreign exchange funds for commercial leasing business of domestic institutions. Domestic institutions meeting the relevant conditions can use their foreign exchange incomes to pay rent for domestically rented commercial items to domestic leasing companies. Q: What is the main objective of optimizing the management of foreign exchange in market procurement trade, as outlined in the Notice? A: The main objective of optimizing the management of foreign exchange in market procurement trade is two-fold. Firstly, we aim to support the innovative development of new business formats such as market procurement and facilitate online foreign exchange receipts and payments for market procurement merchants who rely on third-party customs clearance. Secondly, more banks are encouraged to provide foreign exchange settlement services for market procurement trade. We support banks to flexibly leverage information from online platforms for market procurement trade by aligning with their customers' business needs, their IT infrastructures and other actual situations, provide more convenient foreign exchange receipt and payment services for market procurement merchants, and enhance their fund settlement efficiency. This may also assist the banks in reducing system development costs. Q: The Central Financial Work Conference has underscored the significance of offering financial support for new technologies, new arenas, and emerging markets. What specific implementation measures does the Notice introduce in this regard? A: Based on our research, we have identified that some technology-based enterprises in their initial stages are faced with challenges in obtaining cross-border financing due to limited net assets and other difficulties. To address this issue, the SAFE has been continuously enhancing and refining foreign exchange policy provisions for technology innovation since 2018. We have introduced facilitation policies for cross-border financing, specifically targeting high-tech enterprises and enterprises that use special and sophisticated technologies to produce novel and unique products. These policies allow such enterprises to autonomously borrow foreign debts within specified limits, thereby significantly reducing their financing costs. The Notice has upgraded the policies for facilitating cross-border financing in terms of the scope of eligible entities, pilot regions, and pilot quotas. Firstly, in addition to high-tech enterprises and enterprises that use special and sophisticated technologies to produce novel and unique products, technology-based small and medium-sized enterprises (SMEs) have been included as eligible entities for the pilot program, aiming to support their innovative development. Secondly, the policy coverage has expanded nationwide, extending beyond the previous 17 provinces and cities. Thirdly, the quota for the initial 17 provinces and cities under the facilitation has been raised to US$10 million, and rest regions are provisionally allocated a quota equivalent to USD5 million. These measures aim to facilitate cross-border financing for high-tech companies, enterprises that use special and sophisticated technologies to produce novel and unique products, as well as technology-based SMEs, while also safeguarding against corporate debt risks. Q: Which policies outlined in the Notice are beneficial for foreign-invested enterprises to expand and operate their businesses in China? A: In recent years, the SAFE has consistently streamlined procedures and processes, making it easier for foreign-invested enterprises to conduct business under the capital account. In 2020, a nationwide reform was introduced to facilitate receipts and payments under the capital account. Eligible enterprises were no longer required to provide authenticity certification documents to banks in advance on a per-transaction basis when utilizing capital funds, foreign debt funds, and other capital account receipts for domestic payments. Starting in 2022, pilot programs have been initiated in four areas, i.e. the Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone, where foreign-invested enterprises are exempted from registration procedures for domestic re-investment activities. To further facilitate the foreign exchange receipts and payments of foreign-invested enterprises, the Notice has clarified that the original asset realization account will be transformed into the settlement account under the capital account, allowing enterprises to freely utilize the funds for foreign exchange settlement. These funds primarily include foreign direct investment, domestic re-investment, funds received by domestic equity transferors from overseas direct investment as consideration for equity transfer, and foreign exchange funds raised by domestic enterprises through overseas listings. Going forward, in accordance with enterprise needs, the SAFE will include more funds into this account in an orderly manner, thereby facilitating the utilization of funds by enterprises. Q: What are the main considerations of the Notice in canceling the approval requirement for opening foreign debt accounts in other regions? A: Streamlining the use of corporate external debt accounts has proven to enhance businesses' efficiency in utilizing cross-border funds. In April 2022, the PBOC and the SAFE jointly issued a Notice on Strengthening Financial Services for COVID-19 Containment and Socio-Economic Development. The notice allows non-financial enterprises to use a single foreign debt account for multiple external debts and supports online applications for foreign debt registration, which further simplifies the management of foreign debt accounts. The implementation of these measures have facilitated the use of foreign debt accounts and received widespread recognition from market participants. Building upon this foundation, the Notice further eliminated the approval requirement for opening accounts for foreign debt in different places. It allows market entities to open foreign debt accounts in banks in different places based on their actual needs, which will facilitate the utilization of foreign debt accounts and reduce “foot-cost” for enterprises. 2023-12-08/en/2023/1208/2260.html
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The State Administration of Foreign Exchange (SAFE) has recently released data on foreign exchange settlement and sales by banks as well as cross-border receipts and payments by non-banking sectors for November 2023. The SAFE Deputy Administrator and Press Spokesperson Wang Chunying answered media questions on the relevant issues. Q: Could you brief us on the changes in China’s foreign exchange receipts and payments for November 2023? A: In November, China’s foreign exchange market remained stable and continued to show signs of improvement, with generally balanced cross-border capital flows. The foreign-related receipts and payments by non-banking sectors, including enterprises and individuals, are in equilibrium, fostering an overall trend of balanced cross-border capital flows. Amid the RMB appreciation, some enterprises exhibited a rational trading pattern by purchasing foreign exchange at lower exchange rates. In the overall, foreign exchange market expectations and transactions remained in a stable and orderly manner. Major channels of cross-border capital flows witnessed heightened stability, with a noteworthy rise in foreign investments directed to the Chinese bond market. Under the current account, the net inflow of cross-border capital in China’s trade in goods remained roughly flat. Expenditures related to cross-border travel and other service trade and profit repatriation by foreign-invested enterprises gradually declined from the seasonal peaks observed in July and August, indicating a shift towards increased stability. Under the capital account, specifically under securities investments, there was an overall recovery in the net inflow of foreign capital. Notably, foreign investors are increasingly and consistently showing a preference for allocating funds to RMB-denominated bonds. Over the past few months, foreign investors have steadily increased their holdings of China’s bonds, reaching a significant milestone in November with a net increase of USD 33 billion - the second-highest value recorded in history. With improvements in both the internal and external environments, China’s foreign exchange market is poised to have a stronger foundation and conditions to sustain stable operations in the future. Internally, China’s economic rebound and its fundamentals for long-term sound growth remain unchanged. This will bolster support for stable cross-border capital flows. Externally, the market anticipates that the Federal Reserve is approaching the conclusion of its interest rate hike cycle. Going forward, there might be a gradual transition to interest rate cuts, potentially resulting in an overall decline in both US dollar interest rates and exchange rates. In general, the favorable conditions supporting China’s economic development outweigh the unfavorable factors, laying a more solid foundation for the stability of the Chinese foreign exchange market. 2023-12-15/en/2023/1215/2259.html
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In 2022, China’s State Administration of Foreign Exchange (SAFE) launched high-level opening-up pilot program for cross-border trade and investment in four regions, including Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone, Nansha New Area of China (Guangdong) Pilot Free Trade Zone, Yangpu Economic Development Zone in Hainan Province, and Beilun District of Ningbo City in Zhejiang Province. Since the initiation of the pilot program, it has produced positive outcomes by effectively managing risks while fostering the development of foreign-related businesses in the pilot regions. According to the arrangements of the central financial work conference, the SAFE has made the decision to expand the pilot regions to include Shanghai City, Jiangsu Province, Guangdong Province (including Shenzhen City), Beijing City, Zhejiang Province (including Ningbo City), and Hainan Province (collectively referred to as the pilot regions) to further facilitate cross-border trade, investment, and financing. The expansion of high-level opening-up pilot program is based on a comprehensive review of the pilot experience. The effective foreign exchange facilitation policies and measures implemented in earlier pilot program will be replicated and promoted in the extended pilot regions. A total of eight policies will be implemented for the trial expansion. Specifically, five pilot policies are issued concerning the current account, including facilitating the receipts and payments of foreign exchange under the current account, supporting new types of international trade settlements, expanding the scope of netting settlement of balances in trade, exempting special foreign exchange refund from registration, and enhancing the management of payments on behalf of another party or apportionment business under trade in services. Meanwhile, three pilot policies are issued concerning the capital account, including foreign-invested enterprises being exempt from registration when reinvesting in China, the financial leasing parent company and its subsidiaries being permitted to share their external debt quotas, and foreign exchange registration for foreign debt, overseas listing, and other capital-related businesses being handled directly by banks. The SAFE bureaus in the pilot regions will further formulate and implement detailed rules and regulations to facilitate compliance in business operations for banks and enterprises. The SAFE will make continuous efforts to enhance high-quality financial services and facilitate cross-border trade, investment, and financing to promote high-quality development by high-level opening-up. Furthermore, it will continue to coordinate financial openness and security, enhance the capabilities of regulatory systems in the context of increased openness, and take a holistic approach to plan and advance the reform and opening-up while addressing potential risks. In doing so, the SAFE firmly upholds the bottom line of preventing systemic financial risks from occurring. 2023-12-15/en/2023/1215/2261.html
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中国人民银行各省、自治区、直辖市、计划单列市分行；国家外汇管理局各省、自治区、直辖市、计划单列市分局；国家开发银行，各政策性银行、国有商业银行，中国邮政储蓄银行，各股份制商业银行： 为进一步便利经营主体合规高效办理资本项目业务，提升银行数字化服务水平，现就有关事项通知如下： 一、符合条件的银行业金融机构（以下简称银行）可按照规定通过线上审核电子单证的方式，为符合条件的机构或个人（以下称经营主体）办理相关资本项目业务（以下称资本项目数字化业务）。 本通知所称电子单证，是指经营主体提供的具有法律效力，符合现行法律法规规定，被银行认可且可以留存的电子形式的行政许可文书、合同、发票等有效凭证和商业单据，其形式包括系统自动生成的电子单证和纸质凭证的电子扫描件等。本通知所称相关资本项目业务，是指银行在线下有权限直接办理的资本项目外汇业务和跨境人民币业务。 二、银行具备下列条件的，可以办理资本项目数字化业务： （一）建立完备的资本项目数字化业务管理制度，包括但不限于业务种类、业务管理办法或操作规程、事中事后管理制度、风险防控措施等。 （二）具备传输、存储电子单证的技术平台或手段，且相关技术能够保证传输、存储电子单证的合法性、完整性、安全性。 （三）具备相应业务工作经验的业务人员和管理人员。 银行应统筹服务实体经济和防范风险，根据各地区业务风险、内部合规和风险控制等具体情况，组织授权境内分支行依法依规开展资本项目数字化业务。 三、银行应考虑经营主体办理资本项目业务的合规和信用状况，原则上不得为以下经营主体办理资本项目数字化业务： （一）货物贸易分类结果为A类以下（不含A类）的货物贸易外汇收支名录内企业。 （二）列入资本项目信息系统管控名单或跨境人民币业务重点监管名单的经营主体。 （三）近一年有外汇行政处罚记录（成立不满一年的境内机构，自成立之日起至办理资本项目数字化业务日有外汇行政处罚记录）的经营主体。 四、经营主体在银行办理资本项目数字化业务，应当向银行提交具有法律效力的，符合现行法律法规规定，被银行认可且可以留存的真实、完整、清晰的电子单证。 经营主体不得篡改或违规重复使用电子单证。 五、银行办理资本项目数字化业务的，应当采取同线下方式办理相关资本项目业务相当的尽职审查措施，严格遵守展业原则、相关资本项目业务审核原则和档案管理要求等，并应当同时符合以下要求： （一）银行应要求办理资本项目数字化业务的经营主体提交符合本通知第四条规定且与原始交易单证一致的电子单证。 （二）银行应按规定对经营主体提交的电子单证是否符合本通知第四条规定进行合理审核；对于经营主体提交的电子单证无法证明其交易真实合法合理的，应要求其转为线下办理，并提交原始交易单证及其他相关材料。 （三）银行应采取必要的技术识别等手段，避免不应重复使用的同一电子单证以及与其相应的纸质凭证被重复使用或篡改。 （四）银行发现有伪造、变造或违规重复使用电子单证的，应自发现之日起，停止为该经营主体办理资本项目数字化业务，并及时向所在地中国人民银行分支机构、国家外汇局分支机构报告。 银行办理资本项目数字化业务还应符合《中华人民共和国反洗钱法》、金融机构客户身份识别和客户身份资料及交易记录保存管理办法等有关规定。 六、银行办理资本项目数字化业务时，应当按照《国家外汇管理局关于发布〈金融机构外汇业务数据采集规范（1.3版）〉的通知》（汇发〔2022〕13号）要求，及时报送相关跨境收支、账户、境内划转、账户内结售汇等信息。 涉及跨境收支信息报送，应在“交易附言”栏标注“CADS”字样；涉及账户开销户信息报送，应在“备注”栏标注“CADS”字样；涉及境内划转信息报送，应在“交易附言”栏标注“CADS”字样；涉及结汇信息报送，应在“结汇详细用途”栏标注“CADS”字样；涉及购汇信息报送，应在“填报人”栏标注“CADS”字样；涉及资本项目业务登记，应在各类协议登记“备注”栏标注“CADS”字样。 银行办理涉及人民币跨境收付的资本项目数字化业务时，还应根据《人民币跨境收付信息管理系统管理办法》（银发〔2017〕126号文印发）、《中国人民银行办公厅关于优化人民币跨境收付信息管理系统信息报送流程的通知》（银办发〔2013〕188号）等相关规定，及时、完整、准确地向人民币跨境收付信息管理系统（RCPMIS）报送数据。 七、中国人民银行、国家外汇局对资本项目数字化业务开展情况加强事中事后监管。银行和经营主体违反本通知及相关资本项目业务管理规定办理资本项目数字化业务的，中国人民银行、国家外汇局依据《中华人民共和国中国人民银行法》《中华人民共和国外汇管理条例》进行处罚。 八、外国银行（港、澳、台地区银行比照适用）境内分行参照本通知执行。 本通知自2023年12月20日起实施。执行过程中如遇问题，请及时向中国人民银行、国家外汇局反馈。 中国人民银行 国家外汇管理局 2023年11月17日 2023-11-23/guangxi/2023/1123/2590.html
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Since 2022, the State Administration of Foreign Exchange (SAFE) has been implementing a pilot project for direct registration of external debt by banks in 12 regions including Shanghai, Jiangsu, Guangdong, Shenzhen, Beijing, Zhejiang, Ningbo, Hainan, Xiong’an in Hebei, Chongqing, Fujian and Xiamen, and has been piloting in the above 12 regions and Shaanxi the registration exemption for the reinvestment in China by foreign-funded enterprises, so as to explore further facilitating cross-border investment and financing for business entities. In 2023, the SAFE launched a pilot project of Kehuitong (Research Remittance Connect) in Hetao, Shenzhen, allowing foreign research funds to be transferred directly to foreign-funded non-enterprise research institutions in Hetao, so as to promote the cross-border flow of sci-tech innovation elements. Since its initiation, the project has seen good policy implementation and strongly boosted the economic development in the pilot region while effectively preventing and controlling risks. In order to thoroughly implement the guiding principle of the Third Plenary Session of the 20th CPC Central Committee and the deployment requirements of the meeting convened by the Political Bureau of the CPC Central Committee on September 26, and building upon the experience gained from earlier pilot projects, the SAFE recently decided to expand the pilot areas for the registration exemption for reinvestment in China by foreign-funded enterprises and the pilot areas for direct registration of external debt by banks to Tianjin, Anhui, Shandong (including Qingdao), Hubei and Sichuan, and expand the Kehuitong pilot to 16 regions, namely Shanghai, Beijing, Tianjin, Xiong’an in Hebei, Nanjing, Suzhou, Hangzhou, Hefei, Wuhan, Changsha, Guangzhou, Chongqing, Chengdu, Mianyang, Xi’an and Shenzhen. The SAFE will strengthen policy assessment and follow-up on effectiveness, improve policy measures and foreign exchange services in due course, and explore and introduce more facilitation measures, so as to bolster high-quality development with high-standard opening up. At the same time, the SAFE will persist in coordinating financial opening up and security, enhance capacity-building for regulation in the context of opening up, and firmly guard against the occurrence of systemic financial risks. 2024-10-31/en/2024/1031/2264.html
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In order to thoroughly implement the guiding principles of the Central Financial Work Conference, work hard to promote high-level financial opening up, and facilitate cross-border trade, investment and financing; the State Administration of Foreign Exchange (SAFE) recently issued the Notice of the State Administration of Foreign Exchange on Further Deepening Reforms and Facilitating Cross-Border Trade and Investment (Huifa [2023] No. 28, hereinafter referred to as the “Notice”). The Notice includes a total of nine policies and measures, of which four concern current accounts, mainly to further improve the administration of foreign exchange receipts and payments for special trade, and extend the facilitation measures that have been piloted in some regions to other regions across China. To be more specific, the four policies and measures include optimizing foreign exchange administration on market procurement trade, relaxing requirements for the netting settlement of balances in processing trade, improving the collection and payment of cross-border trade funds under entrusted agents, as well as facilitating the settlement of foreign exchange funds for the commercial leasing business of domestic institutions, etc. Five policies and measures are rolled out for the capital account, mainly to scale up the facilitation policies for the capital account and update or optimize the foreign exchange administration under some capital accounts. The five measures include promoting the policy on pilots for the facilitation of cross-border financing across China, relaxing restrictions on the scale of upfront expenses for overseas direct investment (ODI), facilitating the payment and use of equity transfer funds and funds raised from overseas listings under the category of domestic reinvestment made by foreign direct investment (FDI), improving the management of negative lists on the use of capital account revenues, as well as canceling the approval requirement for opening foreign debt accounts in other regions. Moving forward, SAFE will, under the arrangements and demands of the Central Financial Work Conference, play equal emphasis on development and security, further deepen reforms and opening up in the foreign exchange sector, optimize foreign exchange services with a focus on driving technological innovation and the development of micro, small and medium-sized enterprises (MSMEs), enhance efforts in policy implementation, continue to improve the facilitation of cross-border trade, investment and financing, promote the stabilization of foreign trade and foreign investment and better serve the high-quality development of the real economy. 2023-12-08/en/2023/1208/2263.html