1. Do not buy or sell foreign exchange through designated foreign exchange banks or foreign exchange adjustment centers.

2. Buying and selling foreign exchange quotas without permission. State organs, organizations, enterprises and institutions in China have a certain amount of foreign exchange in accordance with state regulations, but they must use it within the scope of relevant regulations. However, some countries with single positions illegally buy and sell their foreign exchange quotas in disregard of laws and regulations in order to obtain illegal profits, which also belongs to illegal trading of foreign exchange.

3. Other disguised trading of foreign exchange under the cover of legal forms is essentially illegal exchange of foreign exchange in RMB or in kind. To sum up, investors do not conduct foreign exchange transactions through the foreign exchange trading platform of China Bank established by the state, but make high profits through other private institutions or individuals, or conduct foreign exchange take-out transactions privately, which are illegal foreign exchange transactions. This illegal buying and selling of foreign exchange will seriously affect the national interests. In addition, China regulates and arranges foreign exchange. If you buy and sell a large amount of foreign exchange privately, it will definitely disrupt the foreign exchange market price and cause financial losses to other foreign exchange investors. No matter from the national interests or personal interests, illegal trading of foreign exchange is not allowed.

Second, the punishment standard for reselling foreign exchange

1. According to the relevant regulations of the Supreme People's Court, illegally buying and selling foreign exchange is more than 200,000 US dollars, and the illegal income is more than 50,000 yuan, which constitutes the crime of illegally buying and selling foreign exchange.

2. Illegal foreign exchange management, which constitutes a crime, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention in accordance with the provisions of Article 225 of the Criminal Law, and shall be fined not less than 1 times but not more than 5 times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated. If a unit commits a crime, it shall be fined in accordance with Article 23 1 of the Criminal Law, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the above provisions.

Three. Ways for commercial banks to buy and sell foreign exchange

(1) Spot foreign exchange transactions refer to foreign exchange transactions that are delivered within two working days after both parties reach a transaction. This kind of business does not need to sign a contract. As long as the exchange rate is agreed, foreign exchange trading can be conducted by telegraphic transfer, telex and draft. The advantage of this trading method is that it is fast and simple.

(2) Forward foreign exchange transactions refer to foreign exchange transactions that are paid and delivered at the agreed exchange rate according to the expiration date agreed in the contract.

Foreign exchange is the creditor's rights held by the monetary management authorities (central bank, monetary management institutions, foreign exchange stabilization fund and Ministry of Finance) in the form of bank deposits, treasury bonds and long-term and short-term government securities. , which can be used when the balance of payments is in deficit.

Legal basis: According to Article 225 of the Criminal Law of People's Republic of China (PRC).

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.