Recently, the SAFE promulgated the Circular Concerning Further Improving Administration of Foreign Exchange Settlement and Sale Business for Individuals (hereinafter referred to as the Circular) in order to exercise focused management to prevent foreign exchange settlement and sales by individuals through fund splitting. The Circular further standardized and clarified the procedures for handling the foreign exchange settlement and sale business for individuals. Implementation of the Circular will help promote facilitation of foreign exchange collection and payment for individuals, and is expected to effectively prevent the inflow and outflow of abnormal funds through individual channels.
Since the SAFE put into practice in February 2007 the management policy regarding the annual aggregate amount of foreign exchange settlement and sales for individuals equivalent to USD50,000, the policy has satisfied demands by individuals for foreign exchange settlement and sales for studying abroad, tourism, provision of labor services, family maintenance remittances, consultations, and so forth. However, some individuals have attempted to evade the relevant management policies by splitting large sums of the exchanged funds into small amounts, which in reality disturbs the normal order for the administration of the exchange business for individuals. In this regard, the Circular provides specific countermeasures to guard against such behavior.
The main contents of the Circular include: first, the facilitation requirements of the current policies shall remain effective for authentic and reasonable demands for purchases and settlement of foreign exchange for individuals; whereas purchases and settlement of foreign exchange by individuals that are identified as being conducted via fund splitting shall be subject to (1) rejection by the banks, according to the specific circumstances; (2) an authenticity examination; or (3) reports to the SAFE branches according to the relevant requirements; second, large sums of exchange settlement for individuals with foreign currency notes shall be subject to examination of the documents testifying to the source of the foreign currency notes; third, for any foreign exchange purchase under the current account excluding trade, the individual shall use cash RMB or funds in the RMB accounts/bankcard of the individual or his/her direct relatives; fourth, penalties with regard to settlement and sales of foreign exchange by individuals through fund splitting are specified, and the pilot institutions engaging in franchise business of domestic and foreign currency exchange for individuals are placed under jurisdiction of the Circular.
The promulgation of the Circular will serve as a complement to the current policy for the administration of individual foreign exchange. While sustaining adequate demand by individuals for the authentic and reasonable purchase and settlement of foreign exchange, the Circular provides  clear specific administrative requirements, which will help restrain the inflow and outflow of abnormal exchange funds through individual channels, will crack down on illegal activities by underground exchange markets and money shops, and will maintain a sound environment in the foreign exchange market.