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The branches and foreign exchange administrative departments of the State Administration of Foreign Exchange (SAFE) in all provinces, autonomous regions, and municipalities directly under the Central Government; the branches in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo; and the head offices of designated Chinese-funded foreign exchange banks: To standardize and improve foreign exchange administration for overseas listings, relevant issues are hereby notified in accordance with the Regulations of the People's Republic of China on Foreign Exchange Administration: I. The overseas listing herein refers to the overseas public offering of securities allowed by laws and regulations (overseas shares), including shares (such as preferred shares and share-based derivative securities) and corporate bonds convertible to shares, and public trading of these overseas shares on an overseas stock exchange by a joint stock limited company registered in China (domestic company) upon the approval from the China Securities Regulatory Commission (CSRC). II. The SAFE, its branches/sub-branches and foreign exchange administrative departments (hereinafter referred to as foreign exchange authorities) supervise, administrate and inspect the activities including transaction registration, account opening and use, cross-border receipts/payments and funds remittance involved in overseas listings of domestic companies. III. A domestic company shall, within 15 working days after completion of the overseas listing, register for overseas listing with the foreign exchange authority in the locality where it has been incorporated (local foreign exchange authority) by presenting the following documents: (I) A written application attached with the Registration Form for Overseas Listing (Appendix 1); (II) Document evidencing the CSRC's approval for overseas listing by domestic companies; (III) Announcements for the completion of the overseas offering; (IV) The required supplementary materials, if the contents of the above materials are not consistent or cannot prove the authenticity of the transaction. The local foreign exchange authority shall, after verifying the above documents are accurate, register the domestic company in the capital account information system (System), print the transaction registration certificate through the System, and issue the certificate to the domestic company after affixing its official seal to it. The domestic company shall use the registration certificate to open an account for overseas listing and conduct relevant transactions. IV. After a domestic company's overseas listing, where its domestic shareholders plan to increase/decrease the shares they hold in the company in accordance with relevant regulations, the said shareholders shall present the following materials to the local foreign exchange authority for overseas shareholding registration within 20 working days before the proposed share increase/decrease: (I) A written application attached with the Registration Form for Overseas Shareholding (Appendix 2); (II) Resolution of the meeting of the board of directors or shareholders' general meeting on the proposed increase/decrease (if any); (III) Approval documents from relevant departments such as the finance department and state-owned assets management authorities if necessary; (IV) The required supplementary materials, if the contents of the above materials are not consistent or cannot prove the authenticity of the transaction. The local foreign exchange authority shall, after verifying the above documents are accurate, register the domestic shareholder in the System, print the transaction registration certificate through the System, and issue the certificate to the domestic shareholder after affixing its official seal to it. The domestic shareholder shall use the registration certificate to open account(s) for increasing/decreasing the shares they hold in the overseas-listed company and conduct relevant transactions. V. A domestic company (other than banking financial institutions) shall use the registration certificate for overseas listing to open a special foreign exchange account for overseas listing of a domestic company (special account for overseas listing of domestic company) for its initial public offering (or subsequent offering) and repurchase with a domestic bank for funds remittance and transfer under relevant transactions (see Appendix 3 for the account type, scope of receipts/payments and notes). VI. A domestic company (other than banking financial institutions) shall open an RMB account for foreign exchange settlement and pending payment (unpaid account) with the bank who has opened for it the special account for overseas listing, for the company to deposit the RMB funds it receives from foreign exchange settled under its special account for overseas listing, the repatriated RMB funds raised through overseas listing, and the RMB funds remitted outward for repurchase of oversea shares, and the remaining repatriated funds after repurchase (see Appendix 3 for the range of receipts/payments under the account). VII. A domestic shareholder of an overseas listed company shall present the overseas shareholding registration certificate to open a special account for overseas shareholding with a domestic bank for funds remittance and transfer under relevant transactions involved in the increase/decrease or transfer of the shares he/she holds in the company (see Appendix 3 for the account type, scope of receipts/payments and notes). VIII. A domestic company and its domestic shareholders may open corresponding special overseas accounts overseas for the purpose of handling transactions involved in overseas listing (special overseas account). The scope of receipts/payments made via the overseas special overseas account shall meet the relevant requirements under Appendix 3. IX. A domestic company’s funds raised through overseas listing may be repatriated or deposited overseas, provided that the use of funds shall be consistent with the relevant terms and conditions set out in its disclosure documents including prospectus or corporate bonds issuance prospectus, announcement to shareholders, and resolution of board of directors or shareholders' general meeting (disclosure documents). A domestic company shall, in case of repatriation of the funds raised through issuing corporate bonds convertible to shares, remit the funds in its special domestic account for foreign debts and go through relevant procedures in accordance with regulations on foreign debts management. In case of proposed repatriation of the funds raised through offering of other types of securities, the company shall remit the funds in its special account for overseas listing (foreign exchange) or unpaid account (RMB). X. A domestic company may, in case of repurchase of its oversea shares, use eligible overseas and domestic funds pursuant to relevant regulations. The domestic company shall, in case of its use and outward remittance of domestic funds, go through funds transfer procedures with the opening bank through its special account for overseas listing (foreign exchange) or unpaid account (RMB), by presenting the registration certificate for overseas listing obtained after it registers the information relevant to the repurchase (including change if any) with the local foreign exchange authority (the company shall register the repurchase-related information within 20 working days prior to the proposed repurchase if it has not done so), and other explanatory materials or evidence. Upon completion of repurchase, any remaining funds previously remitted overseas for the repurchase shall be remitted back to its special account for overseas listing (foreign exchange) or unpaid account (RMB) of the domestic company. XI. A domestic company may apply to the opening bank, by presenting its registration certificate for overseas listing, for domestic transfer of or payment with funds under the special account for overseas listing, or for transfer of the funds to its unpaid account after the foreign exchange funds are settled, whenever necessary. XII. A domestic company shall, in case of domestic transfer of or payment with the funds under the unpaid account, present to the opening bank the document evidencing the consistency between the use of funds set forth in its disclosure documents for overseas listing and the purpose of repatriation and foreign exchange settlement; if the purpose is inconsistent with the use of funds specified in the disclosure documents or not specified in its disclosure documents, the company shall provide the resolution of its board of directors or shareholders' general meeting on change or clarification of the uses of relevant funds. The remaining repatriated funds for repurchase of overseas shares by the domestic company can be transferred directly or used to make payments within China. The opening bank shall, after careful review of the purpose of funds in the special account for overseas listing or unpaid account of the domestic company, conduct the transfer or payment for the company. XIII. A domestic shareholder may use eligible overseas and domestic funds to increase the oversea shares he/she holds in the domestic company in accordance with relevant regulations. A domestic shareholder shall, in case of its use and outward remittance of domestic funds, go through funds remittance procedures with the opening bank through his/her special account for overseas shareholding, and by presenting the registration certificate for overseas shareholding and explanatory documents or evidence regarding the share increase. Upon completion of the share increase, the remaining funds previously remitted overseas for share increase (if any) shall be remitted back into his/her special account for overseas shareholding. The domestic shareholder can apply to the bank for domestic transfer or foreign exchange settlement by presenting the registration certificate for overseas shareholding. XIV. The proceeds under the capital account from decrease/transfer of overseas shares of the domestic company by a domestic shareholder or from delisting from an overseas stock exchange by the domestic company may be deposited overseas or remitted back into the special account for overseas shareholding of domestic shareholder. In case of repatriation, the domestic shareholder may apply to the bank for domestic transfer or foreign exchange settlement by presenting the registration certificate for overseas shareholding. XV. A domestic company shall, within 15 working days as of the day when the following changes occur, go to the local foreign exchange authority for alteration registration by presenting a written application, updated Registration Form for Overseas Listing, and documents evidencing the authenticity of relevant transactions. In case of changes required to be approved or filed by a competent authority, the domestic company shall also present the reply or filing document for the alteration from the competent authority. (I) change in name, registered address, or major shareholder(s) of the overseas listed company; (II) change in capital including subsequent offering (including over-allotment) and conversion of capital reserve, surplus reserve or undistributed profits to share capital; (III) repurchase of overseas shares; (IV) conversion of convertible bonds to shares (for which the certificate for alteration or cancellation of registration for foreign debt is required); (V) change in shareholding structure of overseas listed company upon completion of increase/decrease, transfer or receipt of overseas shares by domestic shareholder; (VI) change in utilization plan and purpose which are originally registered for the funds raised overseas; and (VII) change in other relevant registered information. XVI. In case that a state-owned shareholder of the domestic company is required to contribute the proceeds from share decrease to the National Social Security Fund (social security fund) in accordance with the Interim Measures for Social Security Funds Raised through Decrease of State-owned Shares (Guofa No. 22 [2001]), the domestic company shall handle on behalf of the shareholder this matter, remit and transfer the relevant funds through its special account for overseas listing and unpaid account. The domestic company shall present the documents including the explanation of the proceeds from share decrease that should be contributed to the social security fund by the state-owned shareholder (including estimation of the proceeds and amounts required and expected to be contributed) and registration certificate for overseas listing to the opening bank which its special account for overseas listing and unpaid account are opened with, and apply for direct transfer of the proceeds from the share decrease (or transfer of the proceeds after foreign exchange is settled and transferred to the unpaid account) to a correspondent account which the Ministry of Finance has opened with a domestic bank. XVII. The reasonable fees relevant to overseas listing paid by a domestic company to overseas institutions including overseas regulatory authorities, stock exchange, undertaking institutions, lawyers and accountants shall be deducted from the funds raised through overseas listing, and in case that outward remittance of domestic funds is actually required (including outward remittance through foreign exchange purchase), the domestic company shall apply to the bank by presenting the following documents: (I) registration certificate for overseas listing; (II) list of payments for overseas listing which indicates the amount remitted overseas (including outward remittance through foreign exchange purchase) and corresponding items, and relevant certifying documents; and (III) taxation certificate evidencing the withholding of overseas corporate or personal income tax, in case that relevant overseas institutions are required to pay taxes to the domestic taxation authorities. XVIII. A domestic company shall, within 15 working days after its delisting from an overseas stock exchange, present the photocopies of relevant replies from its competent authorities, delisting announcement and other documents that prove the authenticity of the matter, as well as the registration certificate for overseas listing, and explanation on disposal of the relevant accounts and funds to the local foreign exchange authority to cancel the registration of overseas listing. The local foreign exchange authority shall take back the domestic company's registration certificate for overseas listing. XIX. The opening banks of a domestic company and its domestic shareholders shall report after the opening, change or closing of their relevant domestic accounts the information on the accounts in accordance with the Circular of the SAFE on Releasing the Rules for Collecting Data on Foreign Exchange Transactions by Financial Institutions (V1.0) (Huifa No.18 [2014]). XX. A domestic company, its domestic shareholders and relevant domestic banks shall make declaration of the balance of payments statistics on a timely basis in accordance with relevant regulations. XXI. In case that a domestic company, its domestic shareholders and relevant domestic banks violate this Circular, the foreign exchange authority can take regulatory measures in accordance with laws and impose administrative penalties pursuant to the Regulations of the People's Republic of China on Foreign Exchange Administration. XXII. The issues related to foreign exchange administration for overseas listing of domestic financial institutions shall be addressed in accordance with this Circular, unless settlement of foreign exchange for repatriated funds raised through overseas listing of domestic banking and insurance institutions is otherwise specified. XXIII. A domestic company that has been registered for overseas listing prior to the release of this Circular shall handle relevant matters in the following principles: (I) in case that the company has opened relevant accounts, and not all funds has been repatriated and settled, or in case of share allotment or subsequent offering which involves cross-border funds and foreign exchange settlement and purchase, the said company shall present its business registration certificate, to the opening bank to open an unpaid account, and handle subsequent business in accordance with this Circular. (II) in case that relevant accounts have not yet opened, this Circular shall prevail. XXIV. The application materials and the materials for registration and filing that are required under this Circular shall be made in Chinese and legally binding. Where there are versions in multiple languages, such as Chinese and other languages, the legally binding Chinese version shall prevail. XXV. This Circular shall be construed by the SAFE. XXVI. This Circular shall come into force as of the date of release, while the Circular of the State Administration of Foreign Exchange on Foreign Exchange Administration for Overseas Listings (Huifa No. 5 [2013]) shall be repealed. This Circular shall prevail in case of inconsistencies between other relevant foreign exchange regulations and this Circular. Upon receipt of this Circular, the SAFE branches shall forward it to central sub-branches, sub-branches, urban commercial banks, and foreign banks under their jurisdiction as early as possible, while the designated Chinese-funded foreign exchange banks shall, upon receipt of this Circular, forward it to their respective branches and sub-branches under their jurisdiction as early as possible. Please contact the Capital Account Administration Department of the SAFE if any difficulties are encountered in implementing this Circular. Appendices: 1. Registration Form for Overseas Listing 2. Registration Form for Overseas Shareholding 3. List of Relevant Accounts for Overseas Listing State Administration of Foreign Exchange December 26, 2014 FILE: Appendix1 Registration Form for Overseas Listing FILE: Appendix2 Registration Form for Overseas Shareholding FILE: Appendix3 List of Relevant Accounts for Overseas Listing 2015-01-28/en/2015/0128/753.html
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In order to facilitate external payments and strengthen the administration of cross-border sources of taxes, an announcement on relevant issues concerning the filing of taxes for external payments for trade in services and other accounts is hereby issued as follows: I. Except under the circumstances set forth in Article III herein, domestic institutions and individuals who make single overseas payments for any of the following in any foreign exchange funds above the equivalent of USD 50,000 (exclusive, the same below) shall file taxes with the relevant state tax authorities where such domestic institutions and individuals are located; where the relevant tax authorities are the local tax authorities, they shall file taxes with the state tax authorities at the same level where such domestic institutions and individuals are located: (1) Income obtained by overseas institutions or individuals in China from trade in services, such as transportation, tourism, communications, construction and installations, labor contracting, insurance services, financial services, computer and information services, use and licensing of proprietary rights, sports, culture and entertainment services, other business services, and government services; (2) Remuneration obtained by overseas individuals in China, and earnings and income from current transfers obtained by overseas institutions or individuals in China, such as dividends, bonuses, profits, interest on direct debts, guarantee fees and donations, indemnification, tax, and accidental income under non-capital transfers; (3) Finance lease rental income, real estate transfer income, equity transfer income, and other lawful income of foreign investors, obtained by overseas institutions or individuals in China. Where foreign investors make a single reinvestment in China above USD 50,000 with lawful income from direct investments in China, they shall file taxes in accordance with the provisions of this announcement. II. Upon the handling of the filing of taxes for external payments, domestic institutions and individuals (the “Filer”) shall provide the relevant state tax authorities with the contracts (agreements) or copies of the relevant transaction vouchers (Chinese translations shall be submitted for documents in foreign languages), affixed with official seals, and shall complete and submit in triplicate the Tax Filing Form for External Payments for Trade in Services and Other Accounts (“Filing Form,” see Annex 1). Where the same contract requires payments in several installments, the Filer shall handle the tax filing procedures before each foreign exchange payment; however, it is only required that the contract (agreement) or copies of the relevant transaction vouchers be submitted with the first filing for the foreign exchange payments. III. Domestic institutions and individuals shall not be required to complete and submit the Filing Form upon making external payments for any of the following in foreign exchange funds: (1) Expenses for travel, meetings, and commodity exhibitions, and so forth incurred by domestic institutions outside of China; (2) Office expenses for the overseas representative offices of domestic institutions, and construction costs for overseas contracted projects of domestic institutions; (3) Import and export trade commissions, insurance premiums, and indemnifications, incurred by domestic institutions outside of China; (4) International transport fees obtained by overseas institutions under import trade; (5) Relevant expenses under insurance, such as insurance premiums and insurance funds; (6) Expenses for repairs, oil, and incidental port charges and so forth incurred outside of China by domestic institutions that engage in transportation or deep sea fisheries; (7) Tour group fees and relevant expenses for booking and arranging accommodations and travel on behalf of clients, incurred by domestic travel agencies that engage in outbound tourism business; (8) Income or revenue obtained by the Asian Development Bank and the International Finance Corporation affiliated with the World Bank Group in China, including the profits distributed by and the income from the transfer of shares in their joint ventures, income from the leasing or transfer of their property (including housing) in China, and interest from loans granted to domestic Chinese institutions; (9) Interest from foreign government (sub) loans (including foreign government mixed [sub] loans) and loans of international financial organizations granted to China by foreign governments and international financial organizations. The international financial organizations referred to here include the International Monetary Fund, the World Bank Group, the International Development Association, the International Fund for Agricultural Development, the European Investment Bank, and so forth; (10) Interest under overseas financing by the designated foreign exchange banks or finance companies on their own behalf, such as overseas loans, overseas inter-bank borrowing, import bill advances by overseas institutions, and other debts; (11) Funds from voluntary donations and aid granted to foreign parties by Chinese government agencies above the provincial level; (12) Income from dividends, bonuses, and interest, and the earnings from sales of negotiable securities lawfully obtained by overseas institutions or overseas individuals and paid for by domestic securities companies and depository and clearing companies; (13) Utilization of foreign exchange by domestic individuals for private purposes, such as overseas study, travel, and family visits; (14) Foreign exchange refunds to domestic institutions and individuals under trade in services, earnings, and current transfers; (15) Other circumstances as provided by the State. IV. The external payments by overseas individuals under trade in services, earnings, and current transfers shall be made in accordance with the relevant provisions regarding administration of individual foreign exchange business. V. The Filers may obtain the Filing Forms: (1) At the counters of the tax service offices of the relevant state tax authorities; (2) By downloading them from the official websites of the relevant state tax authorities. VI. Where the Filer submits the complete materials and fully completes the Filing Form, the relevant state tax authority shall, without an on-the-spot examination of the tax matters, prepare the serial number, affix the seal on the Filing Form, return one copy of the Filing Form to the Filer, retain one copy, and send one copy to the relevant local tax authority on behalf of the Filer by mail or other methods before the 10th day of the next month. The specific format of the serial number shall be the Year (two digits) + the Code of the Tax Authority (6 digits) + the Sequence Number (6 digits). “Year” refers to the last two digits of the calendar year, and the “Sequence Number” refers to the natural sequence number for the current year. VII. After completion of the tax filing procedures, the Filer may handle the examination procedures for the foreign exchange payments with the designated foreign exchange banks based on the Filing Form affixed with the seal of the relevant state tax authority, in accordance with the provisions for the administration of foreign exchange. VIII. The relevant state tax authority or the local tax authority shall examine the Filing Form and attached materials submitted by the Filer within 15 working days after receipt, and may require the Filer to provide additional relevant materials. The content to be examined shall include: (1) Whether the information filed is consistent with the actual payment item; (2) Whether the taxes related to the external payment item have been paid in accordance with the relevant provisions; (3) Where an application for a tax reduction or exemption is submitted, whether such application complies with the relevant tax laws and regulations and the provisions for the arrangement of the tax treaties. IX. Where the relevant tax authorities find during the examination that the taxes related to the external payment item have not been not paid in accordance with the relevant provisions, they shall notify the taxpayers or withholding agents in writing to perform their obligations in terms of filing tax returns or shall withhold the tax at the source, recover the tax payments in accordance with the law, and impose punishments in accordance with the relevant provisions of the tax laws and regulations. X. The relevant state tax authorities and local tax authorities shall strengthen the management of tax filings for external payments, gather statistics on the filing of taxes for external payments and on the tax collection and administration in a timely manner, complete the Annual Statistical Table on Tax Filings for External Payments for Trade in Services and Other Accounts (see Annex 2), and report to (the International Taxation Department of) the State Administration of Taxation ]before January 31st of the next year. XI. The tax authorities and foreign exchange authorities at all levels shall cooperate closely with one another and shall strengthen the exchange of information. Where there is any problem during implementation, feedback shall be promptly submitted to the superior authorities. XII. This Announcement shall come into effect as of September 1, 2013. At the same time, the Circular of the State Administration of Taxation and the State Administration of Foreign Exchange on Strengthening the Administration of Taxes on the Shipping Income of Foreign Companies and Administration of External Payments in the International Ocean Shipping Industry (Guo Shui Fa No. 139 [2001]), the Supplementary Circular of the State Administration of Taxation and the State Administration of Foreign Exchange on Strengthening the Administration of Taxes on the Shipping Income of Foreign Companies and the Administration of External Payments in the International Ocean Shipping Industry (Guo Shui Fa No. 107 [2002]), the Circular of the State Administration of Taxation and the State Administration of Foreign Exchange on Ceasing Submission of Tax Vouchers for the Sales Tax for External Payments of Technology Transfer Fees by Domestic Institutions and Individuals (Guo Shui Fa No. 28 [2005]), the Circular of the State Administration of Foreign Exchange and the State Administration of Taxation on Relevant Issues Concerning the Submission of Tax Certifications for External Payments for Trade in Services and Other Accounts (Hui Fa No. 64 [2008]), the Circular of the State Administration of Taxation on Printing and Distributing the Measures of the State Administration of Taxation on Administration of Presentation of the Tax Certifications for External Payments for Trade in Services and Other Accounts (Guo Shui Fa No. 122 [2008]), the Circular of the State Administration of Foreign Exchange on Forwarding the Measures of the State Administration of Taxation on Administration of Presentation of the Tax Certifications for External Payments for Trade in Services and Other Accounts (Hui Fa No. 1 [2009]), the Circular of the State Administration of Foreign Exchange and the State Administration of Taxation on Relevant Issues Concerning Further Clarifying the Submission of Tax Certifications for External Payments for Trade in Services and Other Accounts (Hui Fa No. 52 [2009]), and the Announcement of the State Administration of Taxation on Amending the Application Form for Presentation of the Tax Certifications for External Payments for Trade in Services and Other Accounts (SAT Announcement No. 54 [2012]) shall be repealed. This announcement is hereby issued. Annex: 1. Tax Filing Form for External Payments for Trade in Services and Other Accounts 2. Annual Statistical Table on the Filing of Taxes for External Payments for Trade in Services and Other Accounts State Administration of Taxation, State Administration of Foreign Exchange July 9, 2013 FILE: Tax Filing Form for the External Payments for Trade in Services and Other Accounts FILE: Annual Statistical Table on the Filing of Taxeso the Tax Filing for External Payments for Trade in Services and Other Accounts 2013-07-24/en/2013/0724/736.html
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The branches and foreign exchange administrative departments of the State Administration of Foreign Exchange (SAFE) in all provinces, autonomous regions, and municipalities directly under the Central Government; the branches of the SAFE in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo; and national Chinese-owned banks: In order to facilitate settlement and sales of foreign exchange by banks, and based on the Administrative Measures for Foreign Exchange Settlement and Sales by Banks (People’s Bank of China Decree No. 2 [2014]), the State Administration of Foreign Exchange has formulated the Detailed Rules for Implementation of the Administrative Measures for Foreign Exchange Settlement and Sales by Banks (see Appendix 1). These Rules shall come into effect as of January 1, 2015, and at the same time the documents and provisions listed in Appendix 2 shall be cancelled. Please implement these accordingly. After receiving this Circular, the branches and foreign exchange administrative departments of the SAFE shall timely forward it to the central sub-branches, sub-branches, and Chinese-foreign banks within their respective jurisdictions. For any problems arising from implementation, please contact the Department of the Balance of Payments of the SAFE in a timely fashion. Tel.: 010-68402313, 68402385. Appendices: 1. Detailed Rules for the Implementation of the Administrative Measures for Foreign Exchange Settlement and Sales by Banks 2. Laws and Regulations on Foreign Exchange Administration to be Cancelled State Administration of Foreign Exchange December 25, 2014 FILE: Detailed Rules onImplementation of the Administrative Measures for Foreign Exchange Settlement and Sales by Banks FILE: Laws and Regulations on Foreign Exchange Administration to be Cancelled 2015-01-20/en/2015/0120/752.html
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Industrial and Commercial Bank of China Limited (ICBC), Agricultural Bank of China Limited (ABC), Bank of China Limited (BOC), China Construction Bank Corporation (CCB), Bank of Communications Co., Ltd., China CITIC Bank Corporation Limited (CITIC) and China Merchants Bank Co., Ltd. (CMB): To enhance internal controls and external supervision of banks, promote banks to enhance their foreign exchange compliance and curb foreign exchange incompliance and illegalities, the State Administration of Foreign Exchange (SAFE) decides to organize a special inspection of banks for foreign exchange compliance soon. The relevant particulars are hereby notified as follows: I. Purposes of Inspection (I) Identify the typical problems and hidden risks in banks' foreign exchange business and prevent and mitigate risks to make sure systematic and regional risks do not occur. (II) Identify banks' deficiency in implementing policies and regulations on foreign exchange administration, and promote banks to enhance internal controls and their foreign exchange compliance. (III) Focus on identifying banks' illegitimate cross-market, cross-industry and cross-border arbitrages, and evasion or violation of regulatory rules with innovative foreign exchange products such as financial derivatives transactions and emerging foreign exchange settlement and sales on behalf of customers. II. Arrangements This inspection will be carried out in three phases, namely, self-check by banks, offsite and onsite inspection by the SAFE, and rectification by banks. (I) Between January 4 and February 9, 2015, the head office, branches and sub-branches of your bank are required to conduct a comprehensive self-check, and the SAFE will carry out offsite inspection in terms of the foreign exchange business. (II) Between February 10 and mid-March 2015, the SAFE will conduct an onsite inspection on some branches and sub-branches of your bank based on the results of self-check and the SAFE's offsite inspection. (III) Your bank is required to rectify the violations as identified in the self-check and the SAFE's inspection by May 31. III. Contents of Self-check and Inspection This self-check and inspection should focus on: (I) Rectification of violations identified in previous inspections. Has your bank carefully conducted rectification after the illegalities and violations regarding foreign exchange business were identified in 2013 and 2014? Have the rectification measures been implemented? Has your bank improved and enhanced internal controls regarding foreign exchange business in terms of organizational structure, internal control system, business process, performance appraisal mechanism and system building? (II) Internal controls and implementation of principles for business expansion. The inspection will focus on whether the internal control system for foreign exchange business is sound enough to cover all the foreign exchange transactions; whether the internal control system is inconsistent with foreign exchange administration regulations and unable to effectively ensure the implementation of foreign exchange administration policies, or whether the internal control system is not promptly upgraded along with the changes in foreign exchange administration policies; whether internal controls for foreign exchange business are effectively implemented or regulated; whether the principles for business expansion are effectively implemented; whether the implementation of principles for business expansion is standardized or refined in terms of the internal control system. (III) Foreign exchange compliance. The SAFE will inspect the foreign exchange transactions your bank handled between January 1 and December 31, 2014, which will be dated back or extended if necessary. The inspection will focus on identifying the illegitimate cross-market, cross-industry and cross-border arbitrages, and evasion or violation of regulatory rules with innovative foreign exchange products such as financial derivatives transactions and emerging foreign exchange settlement and sales on behalf of customers. Specifically the inspection will focus on: 1. Foreign exchange business under the current account Compliance of your bank in handling foreign exchange business under trade in goods/services and trade finance. 2. Foreign exchange under the capital account Compliance of your bank in handling foreign exchange business under the capital account including foreign exchange capital, external debt, foreign exchange loan, outbound direct investment, cross-border guarantee and individual capital account. 3. Foreign exchange sales and settlement for Individuals Compliance of your bank in handling the receipts, payments, settlement, sales of foreign exchange and cash withdrawal as well as bank card operations for domestic residents and non-resident individuals. 4. Declaration of BOP and submission of relevant statements The timeliness, accuracy and completeness of BOP declared and relevant statements submitted. 5. Other foreign exchange business compliance IV. Requirements (I) Your bank must pay high attention to the self-check. Specifically you are required to conduct a comprehensive self-check in your systems by building a level-based accountability system and introducing comprehensive measures without any ignorance, making sure the self-check is effective. (II) Your bank must be serious about the self-check and voluntarily report the illegalities and violations discovered. Your bank is required to summarize the self-check results of the head office and branches and submit to the SAFE the self-check report and statistical form (see appendix) as well as clues if any suspected violation is identified by February 9, 2015. Meanwhile, the provincial branches of your bank are required to summarize the self-check results of the branches and sub-branches within their jurisdiction and submit the self-check report and statistical form to the local branches of the SAFE. The self-check report should contain the self-check implementation and contents, problems identified, causes of problems, rectification measures, time of rectification, responsible department, responsible person, etc. Whoever voluntarily reports the illegalities and violations in their self-check report will be given a lesser or mitigated punishment by the SAFE. (III) Your bank should identify causes behind the problems and rectify them and build a long-term foreign exchange compliance mechanism. The head office and provincial branches of your bank are required to submit the rectification report to the SAFE and the local branches of the SAFE by May 31, 2015. The rectification report should contain the implementation results and progress of the rectification measures, etc.. (IV) The branches and sub-branches of your bank should cooperate with the local branches of the SAFE in offsite and onsite inspections, submit required materials and work with the SAFE in surveys, questions and inspections. Please contact the Supervision and Inspection Department of the SAFE if you have any problem. Contact person: Xu Haoxiong, 010-68402391; Zhang Cheng, 010-68402360. Appendix: Form for Self-check of Foreign Exchange Compliance by ___ Bank State Administration of Foreign Exchange December 31, 2014 FILE: Form for Self-check of Foreign Exchange Compliance by ____ Bank 2015-02-06/en/2015/0206/754.html
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The branches and foreign exchange administrative departments of the State Administration of Foreign Exchange (SAFE) in all provinces, autonomous regions, and municipalities, and the branches in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo, as well as the designated Chinese-funded foreign exchange settlement banks, To strengthen foreign exchange administration for trade in services, to make trade and investment more convenient, and to boost foreign-related economic development, the SAFE has introduced the Guidelines on Foreign Exchange Administration for Trade in Services (Appendix I) and the Rules for Implementation of the Guidelines on Foreign Exchange Administration for Trade in Services (Appendix II), and has rescinded some documents (see Appendix III for a list). Kindly hereby be notified that these documents are circulated to you for execution: 1. The branches and foreign exchange administrative departments should actively promulgate and explain the regulations and publicize your consultation contact information. Banks should be well prepared for implementation of these documents and should make sure that these documents are implemented efficiently after they come into force. 2. Upon receipt of this circular, branches and foreign exchange administrative departments should immediately forward it to central sub-branches (sub-branches), local commercial banks, and foreign banks within their jurisdictions, and all designated Chinese-funded foreign exchange settlement banks should promptly forward it to their branches. 3. After coming into effect, where there is a discrepancy with previous regulations, this circular will prevail. For any questions regarding the execution of these documents, please contact the Current Account Management Department of the SAFE. Tel: 010-68402381 Appendix: I. Guidelines on Foreign Exchange Administration for Trade in Services II. Rules for Implementation of the Guidelines on Foreign Exchange Administration for Trade in Services III. Catalogue of Documents to be Rescinded State Administration of Foreign Exchange July 18, 2013 FILE: Guidelines on Foreign Exchange Administration for Trade in Services FILE: Rules for Implementation of the Guidelines on Foreign Exchange Administration for Trade in Services FILE: Catalogue of the Documents to be Repealed 2013-07-24/en/2013/0724/737.html
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FILE: Catalogue of Existing Effective Laws аnd Regulations on Foreign Exchange Administration (as of July 31, 2012) 2012-09-05/en/2012/0905/735.html
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Branches and Foreign Exchange Administration Departments of the various provinces, autonomous regions, and municipalities directly under the central government and the branches in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo, and all national banks: In order to further streamline administration and to delegate power to lower levels, diversify market players, promote the development of the foreign exchange market, adjust the relevant management policies regarding entry into inter-bank foreign exchange market by financial institutions, the Regulations of the People’s Republic of China on Foreign Exchange Administration are hereby notified as follows: I. After qualifying for spot foreign exchange settlement and sales business upon the approval of the State Administration of Foreign Exchange (SAFE) and qualifying for derivative product trading business upon the approval of the relevant financial regulatory departments, domestic financial institutions can, based on the prerequisite of meeting the technical specifications for the relevant inter-bank foreign exchange market business, become members of the inter-bank foreign exchange market and conduct spot trading and derivative product trading of RMB against foreign exchange. The SAFE will not require ex-ante qualifying approvals for entry into the inter-bank foreign exchange market. Financial institutions are required to submit for the record their internal operational procedures and risk management system for spot trading and derivative product trading of RMB against foreign exchange to the China Foreign Exchange Trade System (CFETS). II. The trading of RMB against foreign exchange conducted by financial institutions in the inter-bank foreign exchange market shall be conducted for the purpose of hedging risks arising from the exchange settlement and sale business for clients and for themselves, conducting market-making and proprietary transactions within the limit of the overall position of the foreign exchange settlements and sales, as well as engaging in hedging activities for themselves pursuant to the relevant regulations. Such financial institutions shall observe the laws and regulations, rules on inter-bank foreign exchange market transactions, clearing, and information, as well as the stipulations of the relevant financial regulatory authorities. III. Currency brokerage companies (including branches) incorporated with the approval of the banking regulatory authorities can, as specified by the foreign exchange administration, conduct foreign exchange brokerage business, such as derivative product trading of RMB against foreign exchange and trading of foreign exchange against foreign exchange and foreign exchange lending, and the SAFE will not require ex-ante qualifying approvals. When conducting foreign exchange brokerage business, the currency brokerage companies shall observe the relevant rules and regulations for the inter-bank foreign exchange market. IV. The Trading Center and the Inter-bank Market Clearing House Co., Ltd. (the “Shanghai Clearing House”) shall, in line with the requirements of this Circular, adjust the relevant business rules and systems accordingly, and shall provide effective technical support and services. The Trading Center and the Shanghai Clearing House shall be responsible for the daily monitoring of inter-bank trading and clearing of RMB against foreign exchange and shall promptly report to the SAFE whenever any abnormal transactions or clearing situations are discovered. V. Financial institutions shall observe professional ethics and follow market practices so as to promote self-disciplined management and standardized development of the foreign exchange market. VI. This Circular will come into force as of January 1, 2015. At the same time, the Reply of the SAFE on Relevant Issues Concerning the Conduct of RMB and Foreign Currency Swap Transactions by the Bank of China on the Inter-bank Foreign Exchange Market (Huifu No. 61[2006]), the Circular of the State Administration of Foreign Exchange on Relevant Issues Concerning the Introduction of Renminbi-Against-Foreign Exchange Options Trading (Huifa No. 8 [2011]), the Circular of the State Administration of Foreign Exchange on Adjustments to the Administration of Some Businesses in the Inter-bank Foreign Exchange Market (Huifa No. 30 [2012]), and the Circular of the State Administration of Foreign Exchange on Adjustments to the Administration of the Renminbi-against-Foreign Exchange Derivatives Business (Huifa No.46 [2013]) will be repealed. Relevant issues involving management of entry into the inter-bank foreign exchange market in other documents shall be subject to this Circular. Upon receipt, the branches and the Foreign Exchange Administration Departments of the SAFE shall promptly distribute this Circular to the financial institutions within their respective jurisdictions. State Administration of Foreign Exchange December 5, 2014 2014-12-17/en/2014/1217/751.html
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FILE: Directory of the Major Existing Laws аnd Regulations in Effect on Foreign Exchange Administration (as of July 31,2013) 2013-08-12/en/2013/0812/738.html
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Pursuant to the Regulations of the People’s Republic of China on Foreign Exchange Administration and the relevant regulations, the State Administration of Foreign Exchange has formulated the Regulations on Foreign Exchange Administration of Overseas Portfolio Investments by Qualified Domestic Institutional Investors, which are hereby promulgated and shall enter into effect as of the date of promulgation. Attachment: Regulations on Foreign Exchange Administration for Overseas Portfolio Investments by Qualified Domestic Institutional Investors State Administration of Foreign Exchange August 21, 2013 FILE: Regulations on Foreign Exchange Administration for Overseas Portfolio Investments by Qualified Domestic Institutional Investors 2013-08-27/en/2013/0827/739.html
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The SAFE recently released China 's Balance of Payments Statement for 2007. The statistics reveal that the current account and the capital and financial account posted a "twin surplus" in 2007 and international reserves increased rapidly. China 's surplus under the current account in 2007 totaled USD 371.8 billion. Specifically, according to the statistical coverage of the balance of payments, the surpluses in goods, income, and current transfers reached USD 315.4 billion, USD 25.7 billion, and USD 38.7 billion respectively, whereas the deficit in services amounted to USD 7.9 billion. Meanwhile, China 's surplus under the capital and financial account totaled USD 73.5 billion in 2007. In particular, the net inflows of direct investments and portfolio investments amounted to USD 121.4 billion and USD 18.7 billion respectively, whereas the outflows of other investments reached USD 69.7 billion. Furthermore, China 's international reserves continued to grow. At the end of 2007, China registered a total of USD 1528.2 billion in foreign exchange reserves, an increase of USD 461.9 billion over the end of 2006. In addition, the BOP Analysis Team of the SAFE released China 's Balance of Payments Report for 2007 in order to facilitate an understanding in the society of the data and analysis of China 's balance of payments. Balance of Payments* 2007 US dollars (thousands) Item Line Balance Credit Debit I. Current Account 1 371,832,620 1,467,881,998 1,096,049,377 A. Goods and Services 2 307,476,604 1,342,205,962 1,034,729,358 a. Goods 3 315,381,397 1,219,999,629 904,618,232 b. Services 4 -7,904,793 122,206,333 130,111,126 1.Transportation 5 -11,946,918 31,323,823 43,270,740 2.Travel 6 7,446,953 37,233,000 29,786,047 3.Communication Services 7 92,886 1,174,551 1,081,665 4.Construction Services 8 2,467,280 5,377,097 2,909,817 5.Insurance Services 9 -9,760,431 903,696 10,664,127 6.Financial Services 10 -326,437 230,486 556,924 7.Computer and Information Services 11 2,136,680 4,344,752 2,208,072 8.Royalties and Licensing Fees 12 -7,849,433 342,634 8,192,067 9.Consulting Services 13 724,182 11,580,552 10,856,370 10.Advertising and Public Opinion Polling 14 575,347 1,912,265 1,336,918 11.Audio-visual and Related Services 15 162,569 316,285 153,716 12.Other Business Services 16 8,676,788 26,914,852 18,238,064 13. Government Services, n.i.e. 17 -304,260 552,339 856,599 B. Income 18 25,688,492 83,030,308 57,341,816 1.Employee Compensation 19 4,340,072 6,833,130 2,493,058 2.Investment Income 20 21,348,421 76,197,179 54,848,758 C. Current Transfers 21 38,667,524 42,645,727 3,978,204 1.General Government 22 -165,960 34,947 200,907 2.Other Sectors 23 38,833,484 42,610,780 3,777,297 II. Capital and Financial Account 24 73,509,250 921,960,702 848,451,452 A. Capital Account 25 3,099,075 3,314,699 215,624 B. Financial Account 26 70,410,175 918,646,003 848,235,828 1. Direct Investment 27 121,418,332 151,553,693 30,135,361 1.1 Abroad 28 -16,994,854 1,929,982 18,924,836 1.2 In China 29 138,413,185 149,623,710 11,210,525 2. Portfolio Investment 30 18,671,987 63,969,241 45,297,254 2.1 Assets 31 -2,324,017 42,643,237 44,967,254 2.1.1 Equity Securities 32 -15,188,600 1,753,200 16,941,800 2.1.2 Debt Securities 33 12,864,583 40,890,037 28,025,454 2.1.2.1 Bonds and Notes 34 10,590,583 38,616,037 28,025,454 2.1.2.2 Money Market Instruments 35 2,274,000 2,274,000 0 2.2 Liabilities 36 20,996,004 21,326,004 330,000 2.2.1 Equity Securities 37 18,509,607 18,509,607 0 2.2.2 Debt Securities 38 2,486,397 2,816,397 330,000 2.2.2.1 Bonds and Notes 39 2,486,397 2,816,397 330,000 2.2.2.2 Money Market Instruments 40 0 0 0 3. Other Investment 41 -69,680,144 703,123,069 772,803,213 3.1 Assets 42 -151,485,862 29,879,034 181,364,896 3.1.1 Trade Credits 43 -23,800,000 0 23,800,000 Long-term 44 -1,666,000 0 1,666,000 Short-term 45 -22,134,000 0 22,134,000 3.1.2 Loans 46 -20,805,513 294,330 21,099,842 Long-term 47 -4,119,000 0 4,119,000 Short-term 48 -16,686,513 294,330 16,980,842 3.1.3 Currency and Deposits 49 -2,381,759 15,994,859 18,376,618 3.1.4 Other Assets 50 -104,498,590 13,589,846 118,088,436 Long-term 51 0 0 0 Short-term 52 -104,498,590 13,589,846 118,088,436 3.2 Liabilities 53 81,805,718 673,244,035 591,438,317 3.2.1 Trade Credits 54 29,100,000 29,100,000 0 Long-term 55 2,037,000 2,037,000 0 Short-term 56 27,063,000 27,063,000 0 3.2.2 Loans 57 17,296,028 548,960,080 531,664,053 Long-term 58 6,988,110 20,882,738 13,894,628 Short-term 59 10,307,918 528,077,342 517,769,425 3.2.3 Currency and Deposits 60 34,316,941 91,634,184 57,317,243 3.2.4 Other Liabilities 61 1,092,750 3,549,771 2,457,021 Long-term 62 1,132,310 1,167,941 35,631 Short-term 63 -39,561 2,381,830 2,421,391 III. Reserves Assets 64 -461,744,102 239,766 461,983,869 3.1 Monetary Gold 65 0 0 0 3.2 Special Drawing Rights 66 -78,869 0 78,869 3.3 Reserves Position in the Fund 67 239,766 239,766 0 3.4 Foreign Exchange 68 -461,905,000 0 461,905,000 3.5 Other Claims 69 0 0 0 IV. Net Errors and Omissions 70 16,402,232 16,402,232 0 * The BOP statement employs rounded-off numbers. The SAFE recently released China 's Balance of Payments Statement for 2007. The statistics reveal that the current account and the capital and financial account posted a "twin surplus" in 2007 and international reserves increased rapidly. China 's surplus under the current account in 2007 totaled USD 371.8 billion. Specifically, according to the statistical coverage of the balance of payments, the surpluses in goods, income, and current transfers reached USD 315.4 billion, USD 25.7 billion, and USD 38.7 billion respectively, whereas the deficit in services amounted to USD 7.9 billion. Meanwhile, China 's surplus under the capital and financial account totaled USD 73.5 billion in 2007. In particular, the net inflows of direct investments and portfolio investments amounted to USD 121.4 billion and USD 18.7 billion respectively, whereas the outflows of other investments reached USD 69.7 billion. Furthermore, China 's international reserves continued to grow. At the end of 2007, China registered a total of USD 1528.2 billion in foreign exchange reserves, an increase of USD 461.9 billion over the end of 2006. In addition, the BOP Analysis Team of the SAFE released China 's Balance of Payments Report for 2007 in order to facilitate an understanding in the society of the data and analysis of China 's balance of payments. Balance of Payments* 2007 US dollars (thousands) Item Line Balance Credit Debit I. Current Account 1 371,832,620 1,467,881,998 1,096,049,377 A. Goods and Services 2 307,476,604 1,342,205,962 1,034,729,358 a. Goods 3 315,381,397 1,219,999,629 904,618,232 b. Services 4 -7,904,793 122,206,333 130,111,126 1.Transportation 5 -11,946,918 31,323,823 43,270,740 2.Travel 6 7,446,953 37,233,000 29,786,047 3.Communication Services 7 92,886 1,174,551 1,081,665 4.Construction Services 8 2,467,280 5,377,097 2,909,817 5.Insurance Services 9 -9,760,431 903,696 10,664,127 6.Financial Services 10 -326,437 230,486 556,924 7.Computer and Information Services 11 2,136,680 4,344,752 2,208,072 8.Royalties and Licensing Fees 12 -7,849,433 342,634 8,192,067 9.Consulting Services 13 724,182 11,580,552 10,856,370 10.Advertising and Public Opinion Polling 14 575,347 1,912,265 1,336,918 11.Audio-visual and Related Services 15 162,569 316,285 153,716 12.Other Business Services 16 8,676,788 26,914,852 18,238,064 13. Government Services, n.i.e. 17 -304,260 552,339 856,599 B. Income 18 25,688,492 83,030,308 57,341,816 1.Employee Compensation 19 4,340,072 6,833,130 2,493,058 2.Investment Income 20 21,348,421 76,197,179 54,848,758 C. Current Transfers 21 38,667,524 42,645,727 3,978,204 1.General Government 22 -165,960 34,947 200,907 2.Other Sectors 23 38,833,484 42,610,780 3,777,297 II. Capital and Financial Account 24 73,509,250 921,960,702 848,451,452 A. Capital Account 25 3,099,075 3,314,699 215,624 B. Financial Account 26 70,410,175 918,646,003 848,235,828 1. Direct Investment 27 121,418,332 151,553,693 30,135,361 1.1 Abroad 28 -16,994,854 1,929,982 18,924,836 1.2 In China 29 138,413,185 149,623,710 11,210,525 2. Portfolio Investment 30 18,671,987 63,969,241 45,297,254 2.1 Assets 31 -2,324,017 42,643,237 44,967,254 2.1.1 Equity Securities 32 -15,188,600 1,753,200 16,941,800 2.1.2 Debt Securities 33 12,864,583 40,890,037 28,025,454 2.1.2.1 Bonds and Notes 34 10,590,583 38,616,037 28,025,454 2.1.2.2 Money Market Instruments 35 2,274,000 2,274,000 0 2.2 Liabilities 36 20,996,004 21,326,004 330,000 2.2.1 Equity Securities 37 18,509,607 18,509,607 0 2.2.2 Debt Securities 38 2,486,397 2,816,397 330,000 2.2.2.1 Bonds and Notes 39 2,486,397 2,816,397 330,000 2.2.2.2 Money Market Instruments 40 0 0 0 3. Other Investment 41 -69,680,144 703,123,069 772,803,213 3.1 Assets 42 -151,485,862 29,879,034 181,364,896 3.1.1 Trade Credits 43 -23,800,000 0 23,800,000 Long-term 44 -1,666,000 0 1,666,000 Short-term 45 -22,134,000 0 22,134,000 3.1.2 Loans 46 -20,805,513 294,330 21,099,842 Long-term 47 -4,119,000 0 4,119,000 Short-term 48 -16,686,513 294,330 16,980,842 3.1.3 Currency and Deposits 49 -2,381,759 15,994,859 18,376,618 3.1.4 Other Assets 50 -104,498,590 13,589,846 118,088,436 Long-term 51 0 0 0 Short-term 52 -104,498,590 13,589,846 118,088,436 3.2 Liabilities 53 81,805,718 673,244,035 591,438,317 3.2.1 Trade Credits 54 29,100,000 29,100,000 0 Long-term 55 2,037,000 2,037,000 0 Short-term 56 27,063,000 27,063,000 0 3.2.2 Loans 57 17,296,028 548,960,080 531,664,053 Long-term 58 6,988,110 20,882,738 13,894,628 Short-term 59 10,307,918 528,077,342 517,769,425 3.2.3 Currency and Deposits 60 34,316,941 91,634,184 57,317,243 3.2.4 Other Liabilities 61 1,092,750 3,549,771 2,457,021 Long-term 62 1,132,310 1,167,941 35,631 Short-term 63 -39,561 2,381,830 2,421,391 III. Reserves Assets 64 -461,744,102 239,766 461,983,869 3.1 Monetary Gold 65 0 0 0 3.2 Special Drawing Rights 66 -78,869 0 78,869 3.3 Reserves Position in the Fund 67 239,766 239,766 0 3.4 Foreign Exchange 68 -461,905,000 0 461,905,000 3.5 Other Claims 69 0 0 0 IV. Net Errors and Omissions 70 16,402,232 16,402,232 0 * The BOP statement employs rounded-off numbers. 2008-06-05/en/2008/0605/868.html