邹定斌博士外汇交易与管理双语教学外汇指定银行办理结汇

邹定斌博士外汇交易与管理双语教学外汇指定银行办理结汇、售汇业务管理暂行办法Decree of the Peoples Bank of China (PBC)No.4Interim Measures for the Administration of the Operations of Foreign Exchange Purchase and Sale Conducted by Designated Foreign Exchange Banks was approved on the 39th official meeting held by the PBC on October 8，2002. It is hereby announced to be effective as from December 1，2002.Governor：Dai XianglongNovember 16，2002Interim Measures for the Administration of the Operations of Foreign Exchange Purchase and Sale Conducted by Designated Foreign Exchange BanksChapter I General ProvisionsArticle 1 In accordance with the Regulations on the Exchange System of the People's Republic of China （hereinafter referred to as regulations on the exchange system）and other related laws and regulations，the Measures is formulated with a view to regulating the operations of foreign exchange purchase and sale conducted by the designated foreign exchange banks，clarifying the principles of the administration of the self-satisfying foreign exchange purchase and sale，and ensuring the stable operation of the foreign exchange market.Article 2 The PBC and its branches as well as the State Administration of Foreign Exchange （SAFE）and its branches are the administration agencies responsible for supervising the operations of foreign exchange purchase and sale conducted by the designated foreign exchange banks. The PBC，together with the SAFE，shall be in charge of granting and revoking the franchise of the operations of foreign exchange purchase and sale. The SAFE shall be responsible for the daily supervision over the operations of foreign exchange purchase and sale，prescription and adjustment of the positions of foreign exchange purchase and sale，and off-site inspection. The on-site inspection shall be carried out by the SAFE together with the PBC. The SAFE is entitled to reject the applications of financial institutions for the operations of foreign exchange purchase and sale，suspend or revoke the franchise of the said operations of the designated foreign exchange banks that have violated relevant regulations.Article 3 The definitions of the terms in the Measures are as follows：1. Designated foreign exchange banks refer to the financial institutions approved by the PBC to undertake the operations of foreign exchange purchase and sale，including both Chinese-capital financial institutions and foreign-capital financial institutions. The Chinese-capital financial institutions refer to the policy banks，wholly state-owned commercial banks，jointstocks commercial banks and their branches，city commercial banks，rural commercial banks，as well as other franchised financial institutions. The foreign-capital financial institutions refer to the foreign banks，branches of foreign banks，equity joint-venture banks，and other franchised financial institutions as stated in the Regulations on the Administration of Foreign-capital Financial Institutions of the People's Republic of China.2. Operations of foreign exchange purchase and sale with clients“refer to the conversions between Renminbi and freely convertible currencies conducted by the designated foreign exchange banks for their clients.3. Operations of self-satisfying foreign exchange purchase and sale refer to the conversions between Renminbi and freely convertible currencies resulted from the demand of the designated foreign exchange banks.4. Positions of foreign exchange purchase and sale（hereafter referred to as positions）refer to funds prescribed by the SAFE，held by the designated foreign exchange banks，and specially used for foreign exchange purchase and sale，including the specific amount and stipulated floating range.Article 4 For conducting the operations of foreign exchange purchase and sale，the financial institutions shall apply to the PBC and obtain the franchise of designated foreign exchange bank. The financial institutions which are not the designated foreign exchange banks are prohibited to undertake the operations if foreign exchange purchase and sale.Article 5 When undertaking of the operations of self-satisfying foreign exchange purchase and sale and the operations of foreign exchange purchase and sale with clients，the designated foreign exchange banks shall observe the provisions of the Measures and other relevant regulations concerning the administration of the operations of foreign exchange purchase and sale，control and prepare statistics separately for the two kinds of operations.Article 6 The designated foreign exchange banks shall abide by the rules on the administration of the positions，sell the surplus positions in time through the inter-bank market，and shall not，without the SAFE's approval，use the positions to cover the self-satisfying foreign exchange purchase and sale under capita and financial account.Article 7 The designated foreign exchange banks shall establish separate accounting items for the operations of foreign exchange purchase and sale，under which，operations of foreign exchange purchase and sale with clients，operations of self-satisfying foreign exchange purchase and sale，redistribution of the positions with their own system，and “long”or “short”position settlement through the inter-bank market shall be booked separately.Article 8 The designated foreign exchange banks shall establish a system for keeping the vouchers and bills related to the operations of foreign exchange purchase and sale，and keep for no less than 5 years related vouchers and bills separately for their operations of foreign exchangepurchase and sale with clients and operations of self-satisfying foreign exchange purchase and sale.Article 9 The designated foreign exchange banks shall submit correctly and in a timely fashion to the SAFE the data of foreign exchange purchase and sale，the positions as well as other relevant statistical tables and materials prescribed by the SAFE in accordance with laws and regulations.Article 10 A system of recording shall apply to the designated foreign exchange banks' large amount transactions of foreign exchange purchase and sale.Article 11 The SAFE shall exercise a system of examination in the form of exams，questionnaires etc. to test the competence of personnel （department managers or presidents in charge）in charge of the operations of foreign exchange purchase and sale of the designated foreign exchange banks.Chapter II Market Access and Exit of the Operations of Foreign Exchange Purchase and SaleArticle 12 A financial institution satisfying the following conditions may apply for the franchise of the operations of foreign exchange purchase and sale：1. Established upon the approval of the PBC and having obtained the franchise of financial business；2. Having solid management structure and well defined internal control systems，in eluding：（1）Operating rules on the operations of foreign exchange purchase and sale；（2）Statistical and reporting systems for the operations of foreign exchange purchase and sale；（3）System for the management of the positions；（4）System for the management of vouchers and bills related to foreign exchange purchase and sale；（5）Separate accounting items and approach for foreign exchange purchase and sale，and so on.3. Professionals having been trained by the SAFE and passed the relevant exams of the SAFE；4. Having a system for receiving and sending quotations of foreign exchange purchase and sale of foreign exchange；5. Having the electronic equipment and communication facilitates necessary for real time inquiry of the electronic ledger of the import and export declaration forms，submission of the data of balance of payments statistical reporting and of foreign exchange purchase and sale；6. Where a branch of a financial institution applies for the franchise of the said operations，the authorization from its head office or the superior （the department in charge）is needed；7. Well managed existing operations of foreign exchange with sound internal control，beingable to rectify and redress its previous acts violating foreign exchange rules in accordance with the requirements of the PBC or SAFE；8. Other conditions as prescribed by the PBC or SAFE.Article 13 When applying for the franchise of the operations of foreign exchange purchase and sale，a financial institution shall present to the PBC the following documents，and sent the duplicates to the SAFE.1. An Application report for undertaking operations of foreign exchange purchase and sale；2. A feasibility study report on undertaking the operations of foreign exchange purchase and sale；3. The name list CVs，and exam-passed certificates issued by the SAFE of the professionals who will take on operations of foreign exchange purchase and sale；4. A brief introduction to electronic and communication facilitates as well as premises necessary for the operations of foreign exchange purchase and sale；5. The rules and internal control system for the operations of foreign exchange purchase and sale；6. Other documents as required by the PBC or SAFE.In the event that a branch of a financial institution applies for the franchise of the operations of foreign exchange purchase and sale，besides the documents mentioned above，the approval document from its head office or the superior （the department in charge）shall be presented.Article 14 The procedure for the examination and approval of application for undertaking the operations of foreign exchange purchase and sale is as follows：1. The applications for launching the operations of foreign exchange purchase and sale by the head offices of policy banks，wholly state-owned commercial banks，and commercial banks with joint stocks shall be examined and approved by the PBC together with the SAFE2. Applications for launching the operations of foreign exchange purchase and sale by the branches of the policy banks，wholly state-owned，and commercial banks with joint stocks；city and rural commercial banks；other Chinese-capital financial institutions and foreign-capital banks shall be examined and approved by the local branch or operation administration department of the PBC together with the local branch or exchange administration offices of the SAFE；the branches and operation administration offices of the PBC may，according to the supervising ability of the key sub-branches under their jurisdiction，authorize the key sub-branches to examine and approve，jointly with the local sub-branches of the SAFE，theapplication for launching the said operations by the sub-branches of banks，city commercial banks，rural commercial banks，other Chinese-capital financial institutions and foreign-capital banks under their jurisdiction.Article 15 In case the approval of an application for undertaking the operations of foreign exchange purchase and sale is made by the PBC consulting with the SAFE，the SAFE shall issue its view to the PBC within 15 working days from the date of receiving the documents to be countersigned.Article 16 The designated foreign exchange banks franchised to handle the operations of foreign exchange purchase and sale，before the official start of the said operations，shall have their electronic equipment and communication facilities prescribed by paragraph 5，article 12 or this Measure inspected by the local SAFE office.Article 17 In application for terminating the operations of foreign exchange purchase and sale，the designated foreign exchange banks shall present the PBC with the following documents：1. An application report for terminating the operations of foreign exchange purchase and sale （including the reason for termination，measures and procedure for handling related assets and liabilities after termination）；2. The approval document from its board of directors，head office or the superior （the department in charge）；3. Other documents as required by the PBC and SAFE.When examining and approving the applications for terminating the operations of foreign exchange purchase and sale of the designated foreign exchange banks，the PBC shall send to the SAFE a duplicate of the approval.Chapter III Administration of the PositionsArticle 18 The designated foreign exchange bank shall apply to SAFE for the prescription of the positions within 30 working days from the date of receiving the franchise of the operations of foreign exchange purchase and sale.Article 19 The SAFE shall exercise limit control over the positions of the designated foreign exchange banks and check them on a daily basis.Article 20 The jurisdictions of prescribing the positions are as follows：1. The positions limit for the head offices of the wholly state-owned commercial banks，commercial banks with joint stocks and policy banks shall be prescribed by the SAFE；2. The positions limit for the city commercial banks，rural commercial banks，other Chinese-capital financial institutions，and foreign-capital banks shall be prescribed by the local branch of the SAFE and reported to the SAFE for record；Article 21 The SAFE offices shall prescribe the positions limit for the designated foreign exchange banks according to the principle of legal person，and shall not prescribe separate limits for their branches and sub-branches.The positions of the branches of the designated foreign exchange banks shall be allocated and collectively managed by their head offices within the limits prescribed by the SAFE offices. The result of allocation shall be submitted to the local SAFE offices in the domiciles of the branches for record. The local SAFE offices shall be in charge of the daily administration of the positions of the local designated foreign exchange banks.Article 22 The basis for the prescription and adjustment of the positions shall be is as follows：1. The scale of the paid-in capital or the operating funds of the designated foreign exchange bank；2. The number of the branches and sub-branches；3. The average of daily net foreign exchange purchase；4. The maximum amount of daily sale of foreign exchange；5. The maximum amount of single purchase or sale of foreign exchange；6. The quality of the submission of the data of daily positions；7. The national macro-economic conditions，such as the level of foreign exchange reserves and interest rates of the local and foreign currencies，and so on；8. Other factors.Article 23 Having been approved by SAFE，a designated foreign exchange bank may employ its Renminbi operating funds to buy foreign exchange through inter-bank foreign exchange market as its positions.Upon the receipt of the approval of the SAFE office concerned， a designated foreign exchange bank shall purchase foreign exchange as its positions with its Renminbi operating funds through inter-bank foreign exchange market within 30 working days . If it fails to do so within the time limit，the SAFE office's approval shall automatically expire on its due date.Article 24 Where the designated foreign exchange bank needs to adjust the positions limitdue to dramatic changes in the volume of its foreign exchange purchase and sale，it shall present to the concerned SAFE office a written application. Without the approval from the SAFE office the designated foreign exchange bank shall not adjust the positions limit arbitrarily.Article 25 After receiving the franchise of designated foreign exchange bank，the head office of a designated foreign exchange bank shall apply to the China Foreign Exchange Trading Centre for the membership of inter-bank foreign exchange market；where a branch of a designated foreign exchange bank applies for such membership，it shall obtain the authorisation from its superior （the department in charge）。