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Interim Provisions on the Administration of Settlement, Sale and Payment of Foreign Exchange
Chapter I General Provisions Article 1 These Provisions are formulated to regulate the settlement, sale and payment of foreign exchange and realize the conditional convertibility of RMB under current account. Article 2 Designated foreign exchange banks shall handle the settlement and sale of foreign exchange, open foreign exchange accounts and make external payments in accordance with these Provisions. Article 3 Domestic enterprises, institutions, organs and social organizations (hereinafter referred to as domestic institutions) must repatriate their foreign exchange income in a timely manner, and handle foreign exchange settlement, purchase, opening foreign exchange accounts and external payment in accordance with these Provisions. Chapter II Settlement of Foreign Exchange Article 4 Except for the scope stipulated in Articles 5 and 6 of these Provisions, all the following foreign exchange of domestic institutions shall be sold to designated foreign exchange banks:

(1) Foreign exchange and other transactions as income from exporting or receiving transit goods;

(2) Winning the bid for foreign exchange in international bidding under overseas loans;

(3) The foreign exchange income of domestic duty-free commodities under customs supervision;

(4) Foreign exchange of goods or services provided by transportation (including various modes of transportation) and ports (including seaports and airports), post and telecommunications (excluding international remittances), tourism, advertising, consultation, exhibition, consignment, maintenance and other industries and various agency businesses;

(5) Various foreign exchange charges, fines and confiscations, etc. Obtained by administrative and judicial organs;

(six) foreign exchange income from the transfer of intangible assets such as land use rights, copyrights, trademarks, patents, non-patented technologies and goodwill;

(seven) foreign exchange income from the sale of overseas real estate and other assets;

(eight) foreign exchange profits remitted by overseas investment enterprises, foreign exchange recovered under foreign economic assistance and foreign exchange income of overseas assets;

(9) Foreign exchange, foreign exchange deposits, etc. ;

(ten) the foreign exchange income of insurance institutions underwriting foreign exchange insurance;

(eleven) the foreign exchange business income of financial institutions that have obtained the foreign exchange business license;

(twelve) foreign exchange income from foreign donations, grants and assistance;

(13) Other foreign exchange settlement as stipulated by the State Administration of Foreign Exchange. Article 5 Domestic institutions may apply to the State Administration of Foreign Exchange or its branches (hereinafter referred to as "SAFE") for the following foreign exchange, open foreign exchange accounts with designated foreign exchange banks, and settle foreign exchange according to regulations:

(1) Foreign exchange received by companies engaged in foreign contracted projects and providing services such as labor services and technical cooperation abroad in the course of the above-mentioned business projects;

(two) foreign exchange to be paid collected by institutions engaged in foreign-related or overseas business;

(3) Temporary payment or temporary settlement of foreign exchange, including bid bond remitted from abroad, performance bond, re-export trade income received first and then paid later, foreign exchange remittance handled by post and telecommunications departments, foreign exchange prepaid by overseas travel agencies charged by first-class travel agencies, foreign exchange insured by railway departments, foreign exchange deposit and mortgage payment charged by customs, etc.

(4) Insurance institutions accept foreign exchange insurance, reinsurance and unsettled premiums.

The income from the timely settlement of the above foreign exchange according to the accounting system shall be sold to the designated foreign exchange banks. Article 6 Foreign exchange within the following ranges may not be settled, and foreign exchange accounts may be opened in designated foreign exchange banks:

(1) Foreign exchange approved by the state to repay domestic and foreign foreign exchange debts and audited by the foreign exchange bureau;

(2) Donated foreign exchange for overseas payment as agreed in the donation agreement;

(3) Foreign exchange obtained by borrowing from abroad and issuing foreign currency bonds and stocks;

(4) Foreign exchange remitted by overseas legal persons or natural persons as investment;

(5) Foreign exchange of foreign embassies and consulates in China, international organizations and other overseas legal entities in China;

(6) Foreign exchange of foreign-invested enterprises;

(seven) foreign exchange of individual residents and individuals coming to China. Article 7 Domestic institutions permitted to open foreign exchange accounts in Articles 5 and 6 of these Provisions shall open accounts with designated foreign exchange banks on the strength of the account opening certificate issued by the foreign exchange bureau. Chapter III Sale of Foreign Exchange Article 8 Domestic institutions shall pay the following foreign exchange for trade and non-trade purposes to designated foreign exchange banks with valid commercial documents and valid vouchers corresponding to the payment methods listed:

(a) the import of goods subject to import quota management or import management of specific products shall be subject to import licenses and corresponding import contracts issued by relevant departments;

(2) Imported goods with automatic registration system shall have corresponding registration documents and import contracts;

(3) Except for the above two items, other goods that meet the requirements of national import management are imported under import contracts;

The advance payment (within the specified proportion), initial deposit, final payment, transportation fee, insurance fee and supporting fee under items (1) to (3) above, and the commission (within the specified proportion), transportation fee, insurance fee and supporting fee under export shall be accompanied by valid vouchers or relevant approval documents specified in items (1) to (3);

(four) the purchase of goods from bonded areas and bonded warehouses and the purchase of foreign exchange from imported exhibition exhibits shall be based on the valid vouchers specified in items (1) to (3);

(five) the import of intangible assets such as patents, copyrights, trademarks and computer software has an import contract or agreement;

(6) Refund of foreign exchange under export shall be based on the settlement memo, claim agreement, claim settlement certificate and foreign exchange refund certificate;

(seven) the bid bond required for overseas contracted projects shall hold the tender documents, performance bond and project advance payment.