In order to facilitate personal foreign exchange receipts and payments, simplify business procedures and standardize foreign exchange management, these Measures are formulated in accordance with the Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Management and the Regulations on the Administration of Settlement, Sale and Payment of Foreign Exchange.
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Personal foreign exchange business distinguishes domestic and overseas personal foreign exchange business according to the transaction subject, and distinguishes personal foreign exchange business under current account and capital account according to the transaction nature. Manage personal foreign exchange business according to the above classification.
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Personal foreign exchange business under current account is managed according to the principle of convertibility, and personal foreign exchange business under capital account is managed according to the convertibility process.
Article 4
The State Administration of Foreign Exchange and its branches (hereinafter referred to as foreign exchange bureaus) shall, in accordance with the provisions of these Measures, supervise and manage individual domestic and cross-border foreign exchange business.
Article 5
Individuals shall handle relevant foreign exchange business in accordance with the provisions of these Measures. Banks shall handle foreign exchange receipts and payments, settlement and sale of foreign exchange and open foreign exchange accounts for individuals in accordance with the provisions of these Measures, and examine the authenticity of valid identity documents and relevant certification materials submitted by individuals. Remittance agencies and foreign currency exchange agencies (including exchange points) handle personal foreign exchange business for individuals in accordance with the provisions of these Measures.
Article 6
Banks should handle personal purchase and settlement of foreign exchange through the management information system designated by the foreign exchange bureau, truthfully and accurately enter relevant information, and keep personal business-related information for at least 5 years for future reference.
Article 7
Banks and individuals shall abide by the relevant provisions of these Measures when handling personal foreign exchange business, and shall not evade quota supervision by splitting, and shall not use false commercial documents or vouchers to evade authenticity management.
Article 8
Individuals' cross-border receipts and payments shall go through the formalities of declaration of balance of payments statistics in accordance with the relevant provisions of the declaration of balance of payments statistics.
Article 9
Individual foreign exchange settlement and domestic individual foreign exchange purchase are subject to annual total management. Within the total annual amount, it shall be handled in the bank with my valid identity certificate; If it exceeds the annual total, it shall be handled in the bank with my valid identity certificate and relevant certificates of the transaction amount under the current account, and under the capital account, it shall be handled in accordance with the relevant provisions of Chapter III. Article 10
Individual foreign trade operators engaged in the import and export of goods shall, after registering the right to operate foreign trade in the commercial department, manage the foreign exchange receipts and payments according to the foreign exchange receipts and payments of the institutions.
Article 11
After industrial and commercial registration or other practice procedures, individuals can entrust enterprises with the right to operate foreign trade to act as agents for the receipt, payment, transfer and settlement of foreign exchange funds under import and export, tourism and shopping, and small-scale border trade.
Article 12
Personal foreign exchange remitted abroad by domestic individuals due to current account expenditure, which is less than the specified amount in a single remittance or accumulated remittance on the same day, shall be handled at the bank with my valid identity certificate; If a single remittance or the accumulated remittance on the same day exceeds the specified amount, it shall be handled at the bank with my valid identity certificate and relevant proof of the transaction amount.
Article 13
Overseas individuals can purchase and remit their legitimate RMB income under domestic current account at the bank with their valid identity documents and relevant certification materials.
Article 14
Overseas individuals who remit unused foreign exchange abroad can remit it back to the bank through the same channels with their valid identity documents.
Article 15
When an overseas individual converts unused RMB back into foreign currency cash, the small amount of exchange must be handled at the bank or foreign currency exchange institution with his valid identity certificate; If the amount exceeds the specified amount, you can go to the bank with the original exchange memo. Article 16
Domestic individuals who meet the relevant provisions of overseas direct investment may purchase foreign exchange or remit it in their own foreign exchange with the approval of the foreign exchange bureau, and go through the foreign exchange registration for overseas investment.
Article 17
Domestic individuals who purchase B shares and make overseas equity, fixed income and other financial investments approved by the state shall, in accordance with the relevant provisions, conduct such purchases through domestic financial institutions with corresponding business qualifications.
Article 18
Domestic individuals can pay insurance premiums under foreign exchange personal insurance to domestic insurance institutions by purchasing foreign exchange or paying in their own foreign exchange.
Article 19
Income from legitimate capital projects obtained by domestic individuals abroad may be settled after approval by the foreign exchange bureau.
Article 20
Domestic individuals who need to purchase and pay foreign exchange for overseas donations and property transfer shall comply with relevant regulations and be approved by the foreign exchange bureau.
Article 21
Domestic individuals who provide loans, borrow foreign debts, provide external guarantees and directly participate in overseas commodity futures and financial derivatives transactions shall comply with relevant regulations and go through corresponding registration procedures at the foreign exchange bureau.
Article 22
The purchase of domestic commercial housing by overseas individuals shall conform to the principle of self-use, and the receipt, payment and exchange of foreign exchange funds shall conform to the relevant foreign exchange management regulations. Renminbi obtained by overseas individuals from selling domestic commercial houses can be purchased and remitted with the approval of the foreign exchange bureau.
Article 23
Unless otherwise stipulated by the state, overseas individuals may not purchase domestic equity, fixed income and other financial products. The purchase of B shares by overseas individuals shall be handled in accordance with relevant state regulations.
Article 24
Foreign exchange deposits of overseas individuals in China should be included in the short-term foreign debt balance management of deposit financial institutions.
Article 25
Loans or guarantees provided by overseas individuals to domestic institutions shall comply with the relevant provisions on foreign debt management.
Article 26
The transfer of legal property of overseas individuals in China shall be handled in accordance with the relevant foreign exchange control regulations on the transfer of personal property. Article 27
Personal foreign exchange accounts are divided into domestic personal foreign exchange accounts and overseas personal foreign exchange accounts according to the main categories; According to the nature of the account, it is divided into foreign exchange settlement account, capital account and foreign exchange savings account.
Article 28
The bank shall determine the subject category of the account according to the identity documents and other supporting materials provided by the individual when opening an account, and the name of the foreign exchange account opened shall be consistent with the valid identity documents of the individual. Domestic transfer of foreign exchange accounts of domestic individuals and overseas individuals is managed according to cross-border transactions.
Article 29
Individuals may open foreign exchange settlement accounts after handling industrial and commercial registration or other practice procedures.
Article 30
Domestic individuals engaged in foreign exchange trading and other transactions shall be handled through domestic financial institutions that have obtained corresponding business qualifications according to law.
Article 31
Foreign individuals who invest directly in China may open special foreign exchange accounts for foreign investors with the approval of the foreign exchange bureau. The funds in the account can be settled with the approval of the foreign exchange bureau. After the direct investment project is approved by the competent department of the state, overseas individuals may transfer the foreign exchange funds in the special foreign exchange account of foreign investors to the capital account of foreign-invested enterprises.
Article 32
Individuals can open foreign exchange savings accounts in banks with valid identity documents. The income and expenditure scope of foreign exchange savings accounts is non-operating foreign exchange income and expenditure, and the transfer of funds between foreign exchange savings accounts of the same subject category between myself or his immediate family members. Joint foreign exchange savings accounts opened by domestic individuals and overseas individuals shall be managed according to domestic individual foreign exchange savings accounts.
Article 33
Individuals carrying foreign currency cash into or out of the country shall abide by the relevant provisions of the state.
Article 34
Individuals who purchase foreign exchange or withdraw money from foreign exchange savings accounts, in a single transaction or on the same day, are less than the amount of foreign currency cash allowed to leave the country according to relevant regulations, and can go directly to the bank for handling; If the single or accumulated withdrawal exceeds the above amount on the same day, it shall be reported to the local foreign exchange bureau in advance with my valid identity certificate, proof of withdrawal purpose and other materials.
Article 35
Personal foreign currency cash deposited in the foreign exchange savings account is less than the amount of foreign currency cash allowed to enter the country according to relevant regulations, which can be handled directly in the bank; If a single deposit or accumulated deposit on the same day exceeds the above amount, it shall be handled in the bank with my valid identity certificate, the entry declaration form for bringing foreign currency cash or the foreign currency cash withdrawal certificate of my original deposit financial institution.
Article 36
Banks should record, analyze and report large and suspicious foreign exchange transactions in accordance with relevant anti-money laundering laws and regulations. Article 37
The meanings of the following terms in these Measures:
(1) Domestic individuals refer to China citizens who hold resident identity cards, military identity cards and armed police identity cards of the People's Republic of China.
(2) Overseas individuals refer to foreign citizens (including stateless persons) who hold mainland travel permit for taiwan residents and compatriots from Hong Kong, Macao and Taiwan who hold passports for Hong Kong and Macao residents to and from the mainland.
(3) Non-operating foreign exchange under current account refers to other current account foreign exchange except trade foreign exchange.
Article 38
Personal traveler's checks shall be handled in accordance with the relevant provisions of foreign currency cash; Personal foreign currency card business shall be handled in accordance with the relevant provisions on foreign currency card management.
Article 39
In violation of the provisions of these measures, the foreign exchange bureau shall be punished according to the Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Control and other relevant provisions; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Article 40
The State Administration of Foreign Exchange shall be responsible for formulating the corresponding detailed rules for the implementation of these Measures and determining the annual total amount and the prescribed amount.
Article 41
The State Administration of Foreign Exchange shall be responsible for the interpretation of these Measures.
Article 42
These Measures shall come into force as of February 6, 2007. Where the previous provisions are inconsistent with these Measures, these Measures shall prevail. The provisions on foreign exchange control listed in the annex shall be abolished as of the date of implementation of these measures. (End) 1. Notice on the issue of residents and non-residents accessing large amounts of foreign currency cash ([97] Guan Hui Zi Han ZiNo. 123)
2. Interim Measures for the Administration of Foreign Exchange of Domestic Residents (No.Huifa [1998] 1 1)
3. Notice on Amending the Interim Measures for the Administration of Individual Foreign Exchange of Domestic Residents (No.Huifa [1999] 133)
4. Notice on Amending Issues Concerning Personal Use of Foreign Exchange by Domestic Residents and Notice on Printing and Distributing the Interim Measures for the Administration of Personal Use of Foreign Exchange by Domestic Residents (Huifa [1999] No.305)
5. Notice on Foreign Exchange Purchase and Payment by Foreign Students with Self-funded RMB Deposits (Huifa [2000] No.82)
6. Reply on the remittance of individual foreign exchange deposits of domestic residents and the renaming of foreign exchange deposit accounts (No.[2000]29 1)
7. Notice of the State Administration of Foreign Exchange on Issues Related to Adjusting the Policy of Purchasing and Paying Foreign Exchange for Domestic Residents Studying Abroad at Their Own expense (No.Huifa [200 1] 185)
Notice of the State Administration of Foreign Exchange on Issuing the Detailed Rules for the Administration of Foreign Exchange Purchase by Domestic Residents (Huifa [2002] No.68)
9. Notice of the State Administration of Foreign Exchange on Launching the Pilot Business of Domestic Residents Traveling to the Border Areas of Neighbouring Countries to Sell Foreign Exchange (Huifa [2002] 12 1No.)
10. Notice of the State Administration of Foreign Exchange on Adjusting the Foreign Exchange Purchase Policy for Domestic Residents under Current Account (Huifa [2003] 104)
1 1. Notice of the State Administration of Foreign Exchange on Relevant Issues Concerning the Use of Foreign Exchange by Overseas Students in China (Huifa [2003] No.62)
12. Notice of the General Department of the State Administration of Foreign Exchange on Stopping Submitting Registration Forms for Large Cash Deposits, Deposits of Residents and Non-residents (equivalent to 1 10,000 USD or more) and Foreign Currency Transfer of Domestic Residents (Hui Zong Fa [2003] 14)
13. Notice of the State Administration of Foreign Exchange on Adjusting the Guidance Limit for Domestic Residents to Purchase Foreign Exchange Abroad at Their Own expense (Huifa [2004]11)
14. Notice of the State Administration of Foreign Exchange on Regulating the Administration of Individual Residents' Settlement of Foreign Exchange (Huifa [2004] 18)
15. Notice of the State Administration of Foreign Exchange on Regulating Foreign Exchange Management of Non-resident Individuals (Huifa [2004] No.6)
16. Notice of the State Administration of Foreign Exchange on Adjusting the Limit of Individual Foreign Exchange Purchase by Domestic Residents under Current Account and Simplifying Relevant Procedures (Huifa [2005] No.60) (end)