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To press ahead with the foreign exchange administration reform, promote trade and investment facilitation, support the growth of the real economy and guard against the risks arising from cross-border capital flows, the State Administration of Foreign Exchange (SAFE) recently issued the Circular of the State Administration of Foreign Exchange on Further Promoting Trade and Investment Facilitation and Improving Authenticity Review (Huifa No. 7 [2016], "Circular"). The Circular sets out 9 measures in 4 aspects: First, expanding inflows and increasing supply of foreign exchange. The lower limits of positions of banks in the settlement and sales of foreign exchange will be extended. The more the negative positions banks hold, the easier it will be for banks to collect and supply foreign exchange to enhance the self-adjustment capability of foreign exchange markets and provide better financial services for the real economy to guard against exchange rate risks. Policies for the administration of foreign exchange settlement for the external debt of Chinese and foreign-funded enterprises will be unified, with the external debt of Chinese non-financial institutions to be subject to foreign exchange settlement in accordance with the provisions on external debt administration for foreign-funded enterprises. The foreign exchange receipts by Class-A enterprises from trading (other than foreign exchange refunds and offshore entrepot transactions) will temporarily not be recorded in the accounts pending verification for receipts from exports, but will be directly recorded in the foreign exchange accounts under the current account or settled. Procedures for receipts and settlements of foreign exchange by companies will be simplified to reduce the cost of funds for doing so. Second, intensifying document reviews and standardizing management. The requirements on document reviews for offshore entrepot transactions for trade in goods will be specified, with the receipt and payment of the same offshore entrepot transaction to be processed by the same outlet of the bank in the same currency (foreign currency or RMB). The receipts and payments for offshore entrepot transactions will be suspended for Class-B enterprises subject to foreign exchange administration for trade in goods. The outward remittance administration will be standardized for foreign exchange profits from direct investments. The requirements on document reviews for handling outward remittances of the profit equivalent to more than USD 50,000 (exclusive) by banks for domestic institutions will be specified. The measures for the administration of risk reminder notifications will be standardized for trade in goods. Risk reminders will be sent to companies with unusual receipts and payments of foreign exchange for trade in goods. Third, products will be diversified to hedge exchange rate risks. Banks will be allowed to handle the net delivery of forward transactions for foreign exchange settlement for institutional customers to satisfy their needs to hold foreign currency assets while guarding against exchange rate risks. Fourth, regulations will be streamlined and rules of punishments will be specified. The Circular of the State Administration of Foreign Exchange on Relevant Issues Concerning Strengthening Administration of Inflows of Foreign Exchange Funds (Huifa No. 20 [2013]) will be abolished. It is specified that any companies violating the Circular will be punished in accordance with the Regulations on Foreign Exchange Administration. The Circular shall take effect as of the date of promulgation. 2016-07-11/en/2016/0711/1201.html
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Q: Recent media reports say that China UnionPay will adopt a policy to impose a limit of USD 5,000 per transaction on overseas insurance merchants. Could you give us more details? A: The SAFE and China UnionPay do not change the policy on the use of bank cards with overseas insurance merchants. According to the Circular of the State Administration of Foreign Exchange on Issuing Merchant Category Codes for Prohibited and Restricted Use of Bank Cards Overseas (Huihan No. 19 [2004]) and the Circular of the State Administration of Foreign Exchange on Regulating the Management of Foreign-Currency Bank Cards (Huifa No. 53 [2010], the document updated and repealed the document of Huihan No. 19 [2004]), four merchant category codes (MCC) involve overseas insurance merchants. These merchants provide insurances under the current account that involves travel consumption, such as accident and illness insurances, and life insurance under the capital account that is of investment nature. Considering that domestic cardholders have the requirement for buying micro-insurance on their overseas trips or during their business communication, the SAFE defines insurance merchants as those allowed to accept a limited amount of payments by bank cards, while implementing the policy of the current account convertibility under bank cards. The amount per transaction between cardholders and such merchants should be no more than USD 5,000 or the equivalent, which can meet the reasonable requirements for buying micro-insurance and restrict investment insurance that involves the capital account. China UnionPay recently investigated overseas acquirers and found that some insurance merchants did not use the MCCs that are for merchants allowed to accept a limited amount of payments by bank cards and correspond to the industry codes, and required these acquirers to regulate the logo and use of MCCs to ensure the implementation results of regulatory policy and business rules. The SAFE has long supported and will continue to support cross-border use of bank cards to pay for normal travel consumption that is in compliance with regulations to facilitate international communication, and will not change the policy of buying foreign exchange domestically to pay for overseas consumption. Note: Merchant category code (MCC) is a code assigned to businesses based on their main business scope and industry classification. Q: Can domestic bank cards with logos of international card organizations such as VISA and MASTER be used with overseas insurance merchants? A: Both domestic bank cards with logos of international card organizations such as VISA and MASTER and of China UnionPay can be used with overseas insurance merchants. The SAFE has recently required the issuing banks of the domestic bank cards with logos of international card organizations such as VISA and MASTER to implement the regulations on merchants that are allowed to accept a limited amount of payments by bank cards in accordance with the compliance and authenticity requirements. Q: Can domestic cardholders evade the limit of USD 5,000 or the equivalent per transaction by swiping cards many times? A: Domestic cardholders are allowed to use their bank cards to pay for normal and reasonable insurance requirements involved in overseas trips and business communication. Given that cardholders may swipe cards many times to pay for insurance transactions for other purposes, the SAFE will work with bank card organizations and issuing banks to rigorously monitor cardholders and merchants suspected of getting involved in transactions paid for by swiping the cards many times, based on the records of bank card transactions. 2016-03-14/en/2016/0314/1192.html
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To further enhance the transparency of foreign exchange administration policies, the State Administration of Foreign Exchange (SAFE) has stepped up efforts to introduce legislations and streamline regulations in key areas since the very beginning of 2015. Legislations introduced involve centralized operation and management of foreign exchange funds by MNCs, administration of individuals' foreign exchange, receipts and payments of foreign currency banknotes by domestic institutions, funds management in cross-border issuance and sales of mainland and Hong Kong securities investment funds, engagement in the trading of domestic specified futures products by overseas trading participants and overseas brokers, exchange business by franchised institutions of domestic and foreign currency exchange for individuals through the internet, and foreign exchange account management for foreign central banks and similar institutions investing in inter-bank markets. Regulation streamlining is focused on nullifying or announcing ineffective some foreign exchange administration regulations that cannot adapt to the requirements for business development and reforms. To facilitate public enquiry and application, the SAFE then upgraded the Catalogue of Major Existing Laws and Regulations in Effect on Foreign Exchange Administration (Catalogue) and released it at its official website. The upgraded Catalogue contains 222 policies and regulations on foreign exchange administration released as of December 31, 2015, which fall into 8 categories including general foreign exchange administration, foreign exchange administration under the current account, foreign exchange administration under the capital account, regulation of the foreign exchange business of financial institutions, the RMB exchange rate and the foreign exchange market, balance-of-payments and foreign exchange statistics, foreign exchange inspections and application of the laws and regulations, and the scientific administration of foreign exchange, and several sub-categories by specific business type. This is the sixth straight year that the SAFE has regularly updated and published the list of currently effective regulations. The SAFE will make further efforts to build and improve a long-term mechanism for streamlining regulations, and sort out and update the Catalogue regularly to enhance policy transparency, facilitate banks, companies, and individuals to understand and apply foreign exchange administration regulations, promote law-based foreign exchange administration and support development of the real economy. 2016-02-02/en/2016/0202/1185.html
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To further satisfy individuals' currency exchange demand for cross-border transactions, the State Administration of Foreign Exchange (SAFE) recently released the Circular of the State Administration of Foreign Exchange on Printing and Distributing the Regulations on Management of Currency Exchange Agencies and Self-service Currency Exchange Machines (Huifa No. 11 [2016], "Regulations") to improve management of currency exchange agencies and self-service currency exchange machines. The Regulations is in line with the reform ideas of further streamlining administration and delegating powers and optimizing currency exchange services. The highlights are as follows: first, administration streamlining and power delegation will be promoted. Ex-ante market access management will be canceled, with no ex-ante access approval required from foreign exchange authorities for currency exchange agencies and self-service foreign exchange machines to provide currency exchange services. Second, the ways of regulation will be changed. Banks will be required to push forward and incorporate management of currency exchange agencies and self-service foreign exchange machines into their internal management, engage in the currency exchange business prudentially and in compliance with regulations and foreign exchange authorities will focus on enhancing ex-post and internal control inspections of banks. Third, business scope is defined. Currency exchange agencies and self-service currency exchange machines are positioned as the extension of banks' teller business to enhance the service capability and diversify channels to facilitate individual currency exchange. Fourth, business management will be improved to guard against money laundering risk. It is stressed that individuals should exchange foreign currency banknotes for RMB banknotes with currency exchange agencies and self-service currency exchange machines within the limit, which will not affect the annual limit of USD 50,000 or the equivalent on foreign exchange settlement for individuals. Fifth, regulations integration will be pressed ahead with. Three regulations on foreign exchange administration for currency exchange are integrated and abolished to facilitate understanding and implementation of foreign exchange administration policies by market players. The Regulations shall come into force as of the date of issuance . 2016-07-11/en/2016/0711/1200.html
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To promote facilitation of receipts and payments under trade in goods and satisfy banks' and enterprises' demand for handling of foreign exchange through electronic data interchange (EDI), the State Administration of Foreign Exchange (SAFE) has recently released the Circular of the State Administration of Foreign Exchange on Standardizing Reviews of Electronic Documents for Receipts and Payments of Foreign Exchange under Trade in Goods (Huifa No. 25 [2016], the "Circular"). The highlights of the Circular include: First, allowing reviews of electronic documents when receipts and payments of foreign exchange under trade in goods are handled. While observing the existing regulations on the administration of foreign exchange under trade in goods and implementing the three principles of business operation, banks can choose to review paper or electronic documents at their discretion. Second, encouraging credible enterprises and banks doing business in compliance with regulations to handle receipts and payments of foreign exchange under trade in goods by using electronic documents. In particular, it is required that the handling bank should be class-B or above (excluding B-) in foreign exchange administration assessment over the past three years, and the enterprise should be class-A with regard to trade in goods. Third, defining the obligations of banks and enterprises. Banks shall make further efforts for authenticity reviews, independently and cautiously choose enterprises subjected to reviews of electronic documents and keep the documents for future reference. Enterprise shall work to ensure the authenticity and compliance of electronic documents presented, and cooperate with banks in authenticity reviews. Fourth, standardizing ex-post administration. The SAFE will verify or inspect reviews of electronic documents and punish irregularities in accordance with the law. This Circular shall come into force as of November 1, 2016. 2016-11-08/en/2016/1108/1226.html
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To push ahead with capital account convertibility and promote cross-border investment and financing facilitation, the State Administration of Foreign Exchange (SAFE) recently released the Regulations on Foreign Exchange Administration for Domestic Securities Investments by QFII (Announcement No. 1 of the SAFE in 2016, hereinafter referred to as the Regulations) to reform the foreign exchange administration system for qualified foreign institutional investors (QFII). The highlights of the Regulations include: first, easing the upper limit on the investment quota of a single QFII. The SAFE will no longer define a unified upper limit on the investment quota of a single institution and assign an investment quota (basic quota) to the institution in proportion to the size of its assets or assets under management (AUM). Second, simplifying quota approval management. A QFII's application for an investment quota that is within the basic quota will be subject to filing management, while the application for an investment quota that goes beyond the basic quota will be subject to SAFE approval. Third, further facilitating inward and outward remittances of funds. No requirements will be imposed on the deadline for the inward remittance of investment principal by a QFII. QFIIs will be allowed to subscribe and redeem open-end funds on a daily basis. Fourth, the lock-up period will be shortened from one year to three months, but the requirement that funds should be remitted out in batches and installments will remain unchanged, with the monthly total of outward remittance by a QDII no more than 20% of its domestic assets. The Regulations shall come into force as of the date of release. 2016-03-14/en/2016/0314/1194.html
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Q: Foreign media recently reported that Terex terminated the acquisition negotiation with Zoomlion because "the SAFE didn't allow Zoomlion to raise funds for closing the deal". Is this true? A: We also have noted relevant reports. Zoomlion has given explanations why the negotiation with Terex was terminated. There are no policy barriers to the deal because of foreign exchange administration, so the reports are not true to the fact. China has increased its ODI in recent years, showing China's dramatically strengthened overall strengths and enterprises' requirements for optimizing global allocation of their assets. The SAFE has been committed to promoting administration streamlining and power delegation, supporting qualified and competent companies to go global, and improving companies' capabilities in international operation, while enhancing ongoing and ex-post monitoring and management, and cracking down on false ODIs to boost the healthy and orderly development of ODIs. 2016-08-30/en/2016/0830/1206.html
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Q: Foreign media reported that Deutsche Bank is discussing remitting overseas its gains from selling shares in Huaxia Bank with the State Administration of Foreign Exchange. Is it true? A: This is not true. There is no policy barrier against the business in foreign exchange administration. According to the existing foreign exchange administration regulations, any foreign institution who wants to transfer the shares it holds in a domestic institution may directly go through the formalities for foreign exchange purchase and payment related to share transfer with a bank, and can do so after passing the authentic and compliance reviews by the bank, with no need of ex-ante approval or verification by the SAFE. Foreign exchange authorities support every authentic and compliant cross-border equity transfer transaction in a bid to promote trade and investment facilitation. 2016-11-08/en/2016/1108/1227.html
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Since the Outline of the Plan for Social Credit System Construction (2014-2020) (Guofa No. 21 [2014], the “Outline”) was promulgated in June 2014, the State Administration of Foreign Exchange (SAFE) has conscientiously implemented the strategic plan of the CPC Central Committee and the State Council on the construction of the social credit system and vigorously pressed ahead with the credit system construction in the foreign exchange area, based on the situations of foreign exchange administration, so as to promote the healthy and orderly operation of the foreign exchange market. The major work is highlighted as follows: First, improving the work mechanism. The Plan Promotion Team was established, with administrator of the SAFE as head, and deputy administrator of the SAFE as deputy head, to take full charge of the organization, advancement and coordination regarding the credit system construction in the foreign exchange area. Second, strengthening top-down design. The Opinions on Credit System Construction in Foreign Exchange Area was introduced, expressly setting forth the general ideas and major tasks of the credit system construction in the foreign exchange area, and defining the top priorities and divisions of responsibilities for 2015, in a bid to lay a solid foundation for pressing ahead with the credit system construction in the foreign exchange area in an orderly manner. Third, conducting more promotion and education activities. The SAFE has actively carried out activities such as the “Promotion Month for Running Businesses with Integrity”, and published a byline story entitled Actively Pressing Ahead with Credit System Construction in Foreign Exchange Area to make a profound interpretation of the credit system construction in the foreign exchange area. Fourth, stepping up efforts to disclose violations of foreign exchange laws and regulations. The SAFE discloses violations of foreign exchange laws and regulations via inquires on a quarterly basis, and actively cooperates with relevant departments to integrate foreign exchange violations into the basic database of the People’s Bank of China on financial credit information and the comprehensive credit database of China E-Port Committee for importers and exporters. Fifth, investigating into and rigorously rectifying violations of foreign exchange regulations. In 2014, the SAFE investigated into and rectified 1903 foreign exchange cases, imposing administrative penalties of RMB 450 million; and cooperated with public security authorities to detect 32 foreign exchange illegal cases such as underground banks, involving RMB 222.4 billion. Next, the SAFE will continue to conscientiously implement of the plans of the CPC Central Committee and the State Council, further press ahead with the credit system construction in the foreign exchange area by strengthening top-down design, improving institutional arrangements, standardizing credit information records and use and improving classified management, so as to create a sound foreign exchange credit environment highlighting “incentivizing the creditable and punishing the discredited". (The end) Relevant links: 1. The Circular of the State Administration of Foreign Exchange on Issuing the Opinions on Credit System Construction in Foreign Exchange Area (Huifa No. 16 [2015], see Appendix 1) 2. Actively Pressing Ahead with Credit System Construction in Foreign Exchange Area (See Appendix 2) FILE: Opinions on Credit System Construction in Foreign Exchange Area FILE: Actively Pressing Ahead with Credit System Construction in Foreign Exchange Area 2015-07-24/en/2015/0724/1164.html
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The year 2015 marks the first year to promote rule of law in China in an all-round way.The SAFE has abolished and nullified more than 700 documents on foreign exchange administration since 2009, and recently released the Circular of the State Administration of Foreign Exchange on Abolishing and Nullifying 50 Regulatory Documents on Foreign Exchange Administration (Huifa No. 17 [2015]) to step up efforts to streamline laws and regulations. To be specific, 27 documents are to be abolished and 23, nullified. These 50 documents chiefly include: first, those that are not in conformity with the foreign exchange administration philosophies and to be streamlined or changed to show the fruits of the reforms in key areas of foreign exchange administration such as capital account. In recent years, the SAFE has streamlined administration and delegated power to lower-level authorities by vigorously promoting the foreign exchange administration reform in direct investment, external debts, external guarantee, capital market and sales and settlement of foreign exchange by banks, to release the dividends of the reform and serve the development of the real economy.Of the 50 documents to be abolished and nullified this time, 50% are those to be abolished or declared invalid after the foreign exchange administration reform for capital account or financial institutions.Second, those that are not inconformity with the new requirements for acquiring foreign exchange administration statistical data and to be streamlined to show the continued improvement of statistical monitoring of cross-border capital flows.In recent years, the SAFE has built unified data acquisition regulations by building or improving the statistical monitoring of cross-border capital flows and accelerating the integration and upgrading of the IT system for foreign exchange administration, to enhance the efficiency and offer more convenience. Of the 50 documents to be abolished and nullified this time, 50% are those to be abolished or declared invalid after the reconstruction of the IT system and adjustment of data acquisition rules. Next, the SAFE will continue with the law-based administration, enhance the top-down design of the laws and regulations on foreign exchange administration, and implement the long-term mechanism for streamlining the laws and regulations to facilitate understanding and application by banks, companies, and individuals of the laws and regulations on foreign exchange administration, and to promote trade and investment facilitation. 2015-05-18/en/2015/0518/1157.html