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Notice of the People's Bank of China on Issuing the "Implementation Rules for Foreign Exchange Settlement, Sales and Payment Business of Foreign-funded Banks"

Chapter 1 General Principles 1. The special RMB accounts for foreign exchange settlement and sales of foreign-funded banks are set up under the "0109 Foreign-funded bank deposits" account of the People's Bank of China, and this account is changed to a special account for RMB and foreign currencies. 2. When the People's Bank of China opens a special RMB account for the settlement and sale of foreign exchange for a foreign-funded bank, it shall review relevant documents in accordance with the provisions of the "Account Management Measures" and Article 8 of the "Implementation Rules" of the People's Bank of China. In addition to routine accounting checks at the end of each day's business, a focus should also be placed on checking whether the balance of deposits in the special account exceeds the amount approved by the Administration of Foreign Exchange. 3. For deposits in special RMB accounts for foreign exchange settlement and sales in foreign-funded banks, interest will be calculated and paid according to the deposit interest rate of financial institutions in the People's Bank of China. 4. Foreign-funded banks that participate in the intra-city bill exchange organized by the People's Bank of China shall follow the intra-city bill exchange regulations of the local branch of the People's Bank of China. Chapter 2 Management of Special RMB Accounts for Foreign Exchange Settlement and Sales 5. The format of special RMB vouchers for foreign exchange settlement and sales used by foreign-funded banks is attached.

Attachment: 1. Special RMB payment voucher for the People’s Bank of China’s foreign exchange settlement and sale (omitted)

2. Special RMB payment voucher for the People’s Bank of China’s foreign exchange settlement and sale (omitted) Article 6 Foreign-funded banks must meet the following conditions to open special RMB accounts for foreign exchange settlement and sales: (1) approved by the State Administration of Foreign Exchange to handle import and export settlement business; (2) approved by China Foreign Exchange The trading center approves and reports to the State Administration of Foreign Exchange for registration to become a member of the China Foreign Exchange Trading Center. Article 7 To open a special RMB account for the settlement and sale of foreign exchange, a foreign-funded bank must submit the following documents:

(1) Application form for opening a special RMB account for the settlement and sale of foreign exchange;

(2) National "License for Foreign Exchange Business" issued by the Administration of Foreign Exchange;

(3) Documents approved to become a member of the China Foreign Exchange Trading Center. Article 8 Foreign-funded banks that have been approved to open special RMB accounts for foreign exchange settlement and sales may sell up to 20% of their registered foreign exchange capital or working capital through the inter-bank foreign exchange trading market, and buy RMB and deposit it in the special RMB account for foreign exchange settlement and sales as working capital. funds. Article 9 The foreign exchange bureau shall implement balance management on the special RMB accounts for foreign exchange settlement and sales of foreign-funded banks. The daily fund balance of the special RMB account for foreign exchange settlement and sales shall not exceed the approved amount without approval. The excess amount shall be purchased into foreign exchange through inter-bank foreign exchange transactions and shall not be withdrawn in RMB.

The State Administration of Foreign Exchange shall review and adjust the balance of its special RMB account for foreign exchange settlement and sales based on the foreign exchange settlement and sales of foreign-funded banks. Article 10 If the transfer of RMB funds is not in place and the special RMB account for foreign exchange settlement and sale is insufficient for liquidation, the agency can be represented by a local financing intermediary agency engaged in inter-bank lending business and sign a daily foreign exchange settlement and sale agreement with the foreign-funded bank. Chinese-funded financial institutions that have opened accounts at local branches of the People's Bank of China provide daily funding to the foreign-funded bank within 48 hours to ensure the normal operation of transactions. Article 11 The scope of receipts and expenditures of the special RMB account for foreign exchange settlement and sales of foreign-funded banks is as follows:

Income: RMB amounts from the sale of the bank’s foreign exchange capital or working capital; RMB amounts transferred from customers’ foreign exchange purchases ; RMB proceeds from selling foreign exchange in the inter-bank foreign exchange market.

Expenses: RMB amounts due from customers for foreign exchange settlement; RMB for foreign exchange purchased in the inter-bank foreign exchange market. Article 12 Foreign-funded banks that handle foreign exchange settlement and sales business shall participate in the RMB intra-city bill exchange system of the People's Bank of China to establish a RMB transfer network between foreign-funded banks and customers and conduct RMB fund clearing. Article 13 Foreign-funded banks must meet the following conditions to participate in the RMB intra-city clearing exchange system:

1. Have employees who have passed the RMB intra-city clearing exchange examination;

2. Have employees with China The daily RMB settlement agreement for the settlement and sale of foreign exchange signed by a financial institution. Article 14 Foreign-funded banks shall use the special RMB payment voucher for foreign exchange settlement and sale uniformly printed by the People's Bank of China to handle the collection and payment of funds in the special RMB account for foreign exchange settlement and sale, and shall not use this special voucher for other businesses.

Article 15 Foreign-funded banks shall use special RMB accounts for the settlement and sale of foreign exchange in accordance with the "Bank Account Management Measures" of the People's Bank of China (announced by the People's Bank of China on October 9, 1994), and shall not use this account to collect, pay, or store foreign exchange on behalf of other entities or individuals. Or transfer RMB, nor rent, lend or use special RMB accounts together. Chapter 3 Supplementary Provisions Article 16 Foreign-funded banks shall handle the relevant procedures for the verification and write-off of import foreign exchange payments for customers in accordance with the "Interim Measures for the Administration of Verification and Write-off of Import Foreign Exchange Payments" and other relevant regulations, and cooperate with the verification and write-off of export foreign exchange receipts. Work. Article 17: In order to enable customers with forward trade contracts to avoid exchange rate risks, foreign-funded banks may, upon approval, handle forward transactions of RMB and foreign exchange and other hedging businesses in accordance with relevant regulations. Article 18 Foreign-funded banks shall submit to the local branch of the State Administration of Foreign Exchange on a daily basis the "Daily Statement of Balances of Special RMB Accounts for Settlement and Sales of Foreign Exchange of Foreign-funded Banks" and the statements prescribed by the State Administration of Foreign Exchange. When the daily account balance exceeds the amount of the special RMB account for foreign exchange settlement and sales approved by the State Administration of Foreign Exchange, it must be automatically reported to the Foreign Exchange Administration. Article 19 The foreign exchange bureau shall, in accordance with regulations, supervise and inspect the foreign exchange settlement, sale and payment business of foreign-funded banks and the use of special RMB accounts for foreign exchange settlement and sales. Article 20 For those who violate the relevant provisions of these Detailed Rules, the foreign exchange bureau may, in accordance with the Regulations of the People's Republic of China and Foreign Exchange Administration, impose warnings, notices of criticism, fines, or suspend the settlement, sale, and payment of foreign exchange business. .