Measures of the State Administration of Foreign Exchange on Administrative Punishment (Draft for Comment)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China and the Regulations of People's Republic of China (PRC) on Foreign Exchange Control in order to regulate the administrative punishment of the State Administration of Foreign Exchange and its branches (hereinafter referred to as the SAFE), ensure the SAFE to perform its duties according to law and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 Foreign exchange bureaus shall follow the principles of fairness, openness and timeliness, take facts as the basis, take laws as the criterion, and adhere to the principle of combining punishment with education.
Article 3 The foreign exchange bureau shall investigate and deal with foreign exchange violations according to published laws, administrative regulations, departmental rules and administrative normative documents, and those that have not been published shall not be used as the basis for investigation.
Article 4 The investigation and punishment of foreign exchange violations involving state secrets, commercial secrets and personal privacy shall abide by the provisions of relevant state laws and regulations.
Article 5 The foreign exchange bureau shall impose administrative penalties on foreign exchange violations in accordance with these Measures. Except as otherwise provided by laws, administrative regulations and the State Administration of Foreign Exchange.