2065438+On February 25th, 2004, the State Administration of Foreign Exchange issued the Detailed Rules for the Measures for the Administration of Bank Settlement and Sale of Foreign Exchange (Huifa [2065438+2004] No.53), which is divided into general rules, market access and exit, spot settlement and sale of foreign exchange business management, derivative product business management, comprehensive position management of bank settlement and sale of foreign exchange, and supplementary provisions, with 55 articles in 6 chapters.
Extended data:
Detailed rules for the implementation of the measures for the administration of bank settlement and sale of foreign exchange
Chapter I General Provisions
Article 1 In order to facilitate banks to handle foreign exchange settlement and sale business, these Detailed Rules are formulated in accordance with the Administrative Measures for Banks to Handle Foreign Exchange Settlement and Sale Business.
Article 2 Banks handling foreign exchange settlement and sale business shall abide by these Detailed Rules and other relevant provisions on the management of foreign exchange settlement and sale business.
Article 3 Foreign exchange settlement and sale business includes spot foreign exchange settlement and sale business and RMB and foreign exchange derivatives (hereinafter referred to as derivatives) business. Derivatives business is limited to RMB foreign exchange forward, swap and option business.
Article 4 Banks shall follow the principle of "knowing the business, knowing the customers and doing their duty" when handling foreign exchange settlement and sale business.
(1) Customer survey: carefully verify the legality, authenticity and validity of the identity certificates and business conditions provided by customers, and record the verification process and results in writing.
(2) Business acceptance: implement but not limited to the current laws and regulations of the State Administration of Foreign Exchange, review the authenticity and compliance of the business, and understand the transaction purpose and nature of the business.
(3) Continuous monitoring: monitoring the business changes of customers in time and managing customers dynamically.
(4) Problem business: If abnormal signs are found in business acceptance or subsequent monitoring, they shall report to the State Administration of Foreign Exchange and its branches (hereinafter referred to as the foreign exchange bureau) in a timely manner.
Article 5 A bank shall establish an internal management system that conforms to the principles of "knowing the business, knowing the customers and due diligence".
(1) Establish a complete audit policy, decision-making mechanism, management information system and unified business operation process, and clarify the requirements for due diligence.
(2) Take various effective ways and means such as training to make employees clear about the risk control requirements of foreign exchange settlement and sale business, and be familiar with post responsibilities and due diligence requirements.
(3) Establish a due diligence accountability system, clarify the responsibilities of various departments and posts, identify the responsibilities of risks caused by violations of laws and regulations, and deal with them accordingly.
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