Article 1

In order to facilitate personal foreign exchange receipts and payments, simplify business procedures, and standardize foreign exchange management, in accordance with the "Regulations of the People's Republic of China and Foreign Exchange Administration" and the "Settlement and Sales of Foreign Exchange" "Regulations on the Administration of Foreign Exchange and Payment of Foreign Exchange" and other relevant laws and regulations, these Measures are formulated.

Article 2

Personal foreign exchange business is divided into domestic and overseas personal foreign exchange business according to the transaction entity, and current account and capital account personal foreign exchange business are distinguished according to the nature of the transaction. Manage personal foreign exchange business according to the above classifications.

Article 3

Personal foreign exchange business under the current account shall be managed according to the principle of convertibility, and personal foreign exchange business under the capital account shall be managed according to the convertibility process.

Article 4

The State Administration of Foreign Exchange and its branches (hereinafter referred to as the foreign exchange bureaus) shall supervise and manage individuals’ domestic and cross-border foreign exchange businesses in accordance with the provisions of these Measures.

Article 5

Individuals shall handle relevant foreign exchange business in accordance with the provisions of these Measures. Banks shall handle foreign exchange collection and payment, foreign exchange settlement and sales, and opening of foreign exchange accounts for individuals in accordance with the provisions of these Measures, and review the authenticity of valid identity documents and relevant certification materials submitted by individuals. Remittance institutions and foreign currency exchange institutions (including exchange offices) handle personal foreign exchange business for individuals in accordance with the provisions of these Measures.

Article 6

Banks shall handle personal foreign exchange purchase and settlement business through the management information system designated by the foreign exchange bureau, enter relevant information truly and accurately, and provide relevant materials for handling personal business Keep it for at least 5 years for future reference.

Article 7

When handling personal foreign exchange business, banks and individuals shall abide by the relevant provisions of these Measures, and shall not evade limit supervision through spin-offs or other methods, nor shall they use false commercial Documents or vouchers evade authenticity management.

Article 8

For cross-border income and expenditure of individuals, the formalities for declaration of balance of payments statistics shall be handled in accordance with the relevant provisions of balance of payments statistics declaration.

Article 9

The annual total amount of individual foreign exchange settlement and domestic individual foreign exchange purchase shall be managed. If the annual total amount is within the annual total, it should be handled at the bank with the person's valid identity document; if it exceeds the annual total amount, the current account item should be handled at the bank with the person's valid identity document and relevant proof of transaction volume, and the capital account item should be handled in accordance with the relevant provisions of Chapter 3. Provisions are made for processing. Article 10

For individual foreign trade operators engaged in the import and export of goods, after registering and filing the right to operate foreign trade with the commerce department, the receipts and payments of their trade foreign exchange funds shall be managed according to the foreign exchange receipts and payments of the institution.

Article 11

After an individual has completed industrial and commercial registration or other professional procedures, he or she may entrust an enterprise with the right to operate foreign trade to act as an agent for import, export and tourism projects based on relevant documents. Collection, payment, transfer and settlement of foreign exchange funds under items such as shopping and border small-amount trade.

Article 12

If a domestic individual remits foreign exchange abroad for current account expenditures, and the single remittance or the cumulative remittance on the same day is below the prescribed amount, he or she must present his/her valid identity document to the bank. Handling; if a single remittance or a cumulative remittance on the same day exceeds the prescribed amount, the person shall handle it at the bank with his valid identity document and relevant proof of transaction amount.

Article 13

Overseas individuals with legal RMB income under the current account obtained within the country can purchase and remit foreign exchange at banks with their valid identity documents and relevant supporting materials. .

Article 14

Overseas individuals’ unused inward foreign exchange can be repatriated via the original route at a bank with their valid identity documents.

Article 15

When an overseas individual exchanges unused RMB from the original exchange back to foreign currency cash, the small-amount exchange can be handled at a bank or foreign currency exchange agency with his or her valid identity document. ; If the amount exceeds the prescribed amount, it can be processed at the bank with the original exchange receipt. Article 16

If domestic individuals' overseas direct investment complies with relevant regulations, they may purchase foreign exchange or remit their own foreign exchange with the approval of the foreign exchange bureau, and must handle foreign exchange registration for overseas investment.

Article 17

Domestic individuals who purchase B shares and make overseas equity, fixed income, and other financial investments approved by the state must go through a company with corresponding business qualifications in accordance with relevant regulations. Domestic financial institutions handle it.

Article 18

Domestic individuals may purchase foreign exchange or pay with their own foreign exchange when paying insurance premiums under foreign exchange life insurance to domestic insurance operating institutions.

Article 19

Legitimate capital account income obtained overseas by domestic individuals may be settled in foreign exchange after approval by the foreign exchange bureau.

Article 20

If domestic individuals’ external donations and property transfers require the purchase and payment of foreign exchange, they must comply with relevant regulations and be approved by the foreign exchange bureau.

Article 21

Domestic individuals who provide overseas loans, borrow foreign debts, provide external guarantees and directly participate in overseas commodity futures and financial derivatives transactions shall comply with relevant regulations and register with the The foreign exchange bureau shall handle the corresponding registration procedures.

Article 22

The purchase of domestic commercial housing by overseas individuals shall comply with the principle of self-use, and the receipt, payment and exchange of foreign exchange funds shall comply with relevant foreign exchange management regulations. Overseas individuals may purchase foreign exchange and remit it with RMB proceeds from selling domestic commercial properties with the approval of the foreign exchange bureau.

Article 23

Unless otherwise stipulated by the state, overseas individuals are not allowed to purchase domestic equity, fixed income and other financial products. Overseas individuals purchasing B shares must comply with relevant national regulations.

Article 24

Foreign exchange deposits of overseas individuals within the country shall be included in the management of short-term external debt balances of depository financial institutions.

Article 25

Loans or guarantees provided by overseas individuals to domestic institutions shall comply with the relevant regulations on foreign debt management.

Article 26

The legal transfer of property within the territory of overseas individuals shall be handled in accordance with the relevant foreign exchange management regulations on the external transfer of personal property. Article 27

Personal foreign exchange accounts are divided into domestic personal foreign exchange accounts and overseas personal foreign exchange accounts according to the type of subject; they are divided into foreign exchange settlement accounts, capital account accounts and foreign exchange savings accounts according to the nature of the accounts.

Article 28

The bank determines the account subject category based on the identity document and other supporting materials provided by the individual when opening an account. The foreign exchange account opened should be recorded in the same valid identity document as the individual. Consistent name. Domestic transfers of foreign exchange accounts of domestic individuals and overseas individuals are managed as cross-border transactions.

Article 29

An individual may open a foreign exchange settlement account after completing industrial and commercial registration or other professional procedures.

Article 30

Domestic individuals engaging in foreign exchange sales and other transactions shall conduct such transactions through domestic financial institutions that have obtained corresponding business qualifications in accordance with the law.

Article 31

Foreign individuals who make direct investments within the country may open special foreign exchange accounts for foreign investors upon approval by the foreign exchange bureau. The funds in the account can be settled for foreign exchange upon approval by the foreign exchange bureau. After the direct investment project is approved by the national competent authority, overseas individuals can transfer the foreign exchange funds in the foreign investor's special foreign exchange account to the capital account of the foreign-invested enterprise.

Article 32

Individuals can open foreign exchange savings accounts in banks with their valid identity documents. The scope of income and expenditure of the foreign exchange savings account includes non-operational foreign exchange receipts and payments, and fund transfers between foreign exchange savings accounts of the same subject category between the person or his immediate family members. Joint foreign exchange savings accounts opened by domestic individuals and overseas individuals are managed as domestic individual foreign exchange savings accounts.

Article 33

Individuals carrying foreign currency cash into and out of the country must comply with relevant national management regulations.

Article 34

If a person purchases foreign currency and withdraws banknotes or withdraws banknotes from a foreign exchange savings account, the single transaction or the cumulative amount on the same day is less than the amount of foreign currency cash allowed to be taken out of the country according to relevant regulations. , it can be handled directly at the bank; if a single withdrawal or the cumulative withdrawal of cash on the same day exceeds the above amount, a prior report to the local foreign exchange bureau shall be made with the person's valid identity document, proof of the purpose of withdrawal and other materials.

Article 35

If an individual’s foreign currency cash is deposited into a foreign exchange savings account, and the single transaction or the accumulated amount on the same day is below the declaration-free amount allowed to be brought into the country with foreign currency cash according to relevant regulations, It can be handled directly at the bank; if a single deposit or a day's cumulative banknote deposit exceeds the above amount, it can be handled at the bank with your valid ID, entry declaration form for bringing foreign currency cash, or foreign currency cash withdrawal receipt from your original depository financial institution.

Article 36

Banks shall record, analyze and report large-amount and suspicious foreign exchange transactions in accordance with relevant anti-money laundering regulations. Article 37

The meanings of the following terms in these Measures:

(1) Domestic individuals refer to those holding the People’s Republic of China resident identity card, military identity document, Armed police identity document for Chinese citizens.

(2) Overseas individuals refer to foreign citizens (including stateless persons) and compatriots from Hong Kong, Macao and Taiwan holding passports, Mainland Travel Permits for Hong Kong and Macao Residents, and Mainland Travel Permits for Taiwan Residents.

(3) Non-operating foreign exchange under the current account refers to other current account foreign exchange except trade foreign exchange.

Article 38

Personal travel checks shall be handled in accordance with the relevant regulations on foreign currency cash; personal foreign currency card business shall be handled in accordance with the relevant regulations on foreign currency card management.

Article 39

Anyone who violates the provisions of these Measures shall be punished by the foreign exchange bureau in accordance with the "Regulations of the People's Republic of China and Foreign Exchange Administration" and other relevant regulations; constitute Those who commit crimes shall be transferred to judicial organs for criminal liability in accordance with the law.

Article 40

The State Administration of Foreign Exchange is responsible for formulating the corresponding implementation details of these Measures and determining the annual total, prescribed amount, etc.

Article 41

The State Administration of Foreign Exchange is responsible for the interpretation of these Measures.

Article 42

These Measures shall come into effect on February 1, 2007. If previous regulations are inconsistent with these Measures, these Measures shall prevail. The foreign exchange management regulations listed in the appendix shall be abolished as of the date of implementation of these Measures. (End) 1. "Notice on Issues Concerning Large Foreign Currency Cash Deposits and Withdrawals by Resident and Non-Resident Individuals" ([97] Huiguan Hanzi No. 123)

2. "Domestic Resident Individuals" "Interim Measures for Foreign Exchange Administration" (Huifa [1998] No. 11)

3. "Notice on Amending the "Interim Measures for Foreign Exchange Administration of Domestic Residents" (Huifa [1999] No. 133)

4. "Notice on Amending the "Notice on Issues Concerning the Private Use of Foreign Exchange by Domestic Residents" and "Notice on Issuing the "Interim Measures for the Administration of Foreign Exchange for Domestic Residents Individuals"" (Huifa [1999] No. 305)

5. "Notice on the prepayment of RMB deposit for the purchase and payment of foreign exchange by self-funded overseas students" (Huifa [2000] No. 82)

6. "On the remittance of personal foreign exchange deposits of domestic residents" Reply on issues related to the renaming of foreign exchange deposit accounts" (Huifa [2000] No. 291)

7. "The State Administration of Foreign Exchange adjusts the policy on the purchase and payment of foreign exchange for domestic residents studying abroad at their own expense. Notice on Issues" (Huifa [2001] No. 185)

8. "Notice of the State Administration of Foreign Exchange on Issuing the "Implementation Rules for the Administration of Foreign Exchange Purchases by Individual Residents"" (Huifa [2002] No. 68 No.)

9. "Notice of the State Administration of Foreign Exchange on the Pilot Program of Foreign Exchange Sales for Individual Domestic Residents Traveling to Border Areas of Neighboring Countries" (Huifa [2002] No. 121)

10. "Notice of the State Administration of Foreign Exchange on Adjusting the Foreign Exchange Purchase Policy for Domestic Residents Individuals under the Current Account" (Huifa [2003] No. 104)

11. "Notice of the State Administration of Foreign Exchange on Persons Studying Abroad in China" Notice on Issues Related to Handling the Currency Exchange for Dropping out of School" (Huifa [2003] No. 62)

12. "The General Affairs Department of the State Administration of Foreign Exchange on Stopping the Submission of Large Amounts for Residents and Non-Resident Individuals (Equivalent to 1 "Registration Form for Cash Deposits, Withdrawals and Foreign Currency Transfers by Domestic Residents" (Huizonghan [2003] No. 14)

13. "State Administration of Foreign Exchange on Adjustments to Domestic Foreign Currency Transfers" Notice on the Guiding Limits for the Purchase of Foreign Exchange by Individual Residents to Study Abroad at Their Own Expense" (Huifa [2004] No. 111)

14. "Notice of the State Administration of Foreign Exchange on Issues Related to Regulating the Management of Foreign Exchange Settlement for Individual Residents "(Huifa [2004] No. 18)

15. "Notice of the State Administration of Foreign Exchange on Issues Concerning Regulating the Foreign Exchange Administration of Non-Resident Individuals" (Huifa [2004] No. 6)

< p>16. "Notice of the State Administration of Foreign Exchange on Adjusting the Limits for Private Purchases of Foreign Exchange under the Current Account of Domestic Resident Individuals and Simplifying Related Procedures" (Huifa [2005] No. 60) (End)