货物贸易外汇管理指引实施细则(英文)

Operating Rules for the Declaration of Balance of Payments Statistics

through Financial Institutions

Chapter I General Provisions

Article 1 For the purposes of regulating the declaration of balance of payments statistics through domestic banks and ensuring the timeliness, accuracy, and completeness of the relevant information on the declaration of balance of payments statistics, these Operating Rules have been formulated in accordance with the relevant measures for the declaration of balance of payments statistics.

Article 2 The vouchers used for the declaration of balance of payments statistics through domestic banks shall include the Declaration Form for Foreign-related Receipts, the Application Form for Overseas Remittances, and the Advice of Outward Payments/Acceptances, The SAFE shall be responsible for uniformly formulating and revising the formats and contents of these forms, and the domestic banks shall print them on their own after going through the filing formalities according to the requirements of the relevant provisions for foreign-related receipts and payments vouchers.

The Application Form for Overseas Remittances and the Advice of Outward Payments/Acceptances are required vouchers for foreign-related payments made by a payer through a domestic bank and for the accounting of foreign-related payments through domestic banks.

Article 3 A non-banking institution or individual (hereinafter referred to as a “declarer”) that has any foreign-related receipts or makes any foreign-related payments through a domestic bank shall make a declaration of the balance of payments statistics in a timely, accurate, and complete manner.

A declarer that has any foreign-related receipts shall make a declaration of such receipts within five workdays (T+5) after the date on which the paying bank makes the payment (T) or the intermediary foreign exchange settlement bank settles the foreign exchange (T).

A declarer that makes any foreign-related payment shall declare such payment when submitting the Application Form for Overseas Remittances or the Advice of Outward Payments/Acceptances.

An institutional declarer shall, before making a declaration of the balance of payments statistics for foreign-related receipts and payments, apply for an organizational code or a

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special institutional code according to the relevant provisions, and proceed according to the relevant provisions of Chapter II of these Operating Rules.

Article 4 A domestic bank shall, in accordance with the relevant provisions of the SAFE on the standardized code management in information systems, apply for a financial institutional code and a financial institution identification code to the SAFE or a branch or sub-branch thereof (hereinafter referred to as the “foreign exchange authority”), and the foreign exchange authority shall accept the application and grant the codes according to the relevant provisions. When there are any changes in the information about the domestic bank, the changes shall be handled according to the processes for modification of the information for the financial institutional code and financial institutional identification code.

The foreign exchange authority shall make settings to open or close the balance-of-payments business in the Online Balance of Payments Declaration System (foreign exchange authority version) for domestic banks launching the balance-of-payment business.

Article 5 A domestic bank shall ensure the timeliness, accuracy, and completeness of the basic information submitted, urge and direct declarers to make declarations, and perform its duties such as examining and sending the relevant information for the declaration of the balance of payments statistics.

Article 6 A domestic bank shall, according to the data interface specifications and the relevant provisions formulated by the SAFE, design and develop an interface program, and realize the data conversion from its own computer processing system to the Online Balance-of-Payments Declaration System.

Article 7 Domestic banks and declarers shall properly keep copies of the Declaration Form for Foreign-related Receipts, the Application Form for Overseas Remittances, and the Advice of Outward Payments/Acceptances respectively.

The hard-copy Declaration Form for Foreign-related Receipts, Application Form for Overseas Remittances, and Advice of Outward Payments/Acceptances shall be kept for at least 24 months, and may be destroyed at the sole discretion of the keeper upon expiration of this time limit, unless otherwise provided for by the SAFE.

Article 8 A domestic bank shall, in accordance with the relevant provisions on the verification and writing-off of foreign exchange payments for imports in goods trade, submit the paper copy of the “copy kept by the foreign exchange authority” of the Application Form for Overseas Remittances and the Advice of Payments/Acceptances involving the verification and writing-off of foreign exchange payments for imports in goods trade to the foreign exchange authority.

Article 9 A domestic bank shall keep confidential the relevant information on the declarers. When conducting an on-site inspection of a domestic bank or declarer, the

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balance-of-payments each staff members of the foreign exchange authority shall hold and produce an Inspection Certificate for the Balance-of-Payments Declaration uniformly formulated and issued by the SAFE, and shall be accompanied by the relevant persons of the domestic bank or declarer. The domestic bank or declarer shall provide any materials and conveniences that are necessary for the inspection.

Chapter II Basic Information Form for Entities

Article 10 A domestic bank shall, in accordance with the format and content as set forth by the SAFE, print a Basic Information Form for Entities, containing two identical sheets (see the Annex), and provide it for the use of institutional declarers.

Article 11 Any institutional declarer which handles the business of foreign-related receipts and payments for the first time at any outlet of a domestic bank shall fill out the Basic Information Form for Entities, and provide the certification documents issued by the relevant departments of the industry, such as the Organizational Code Certificate or the Notice Granting a Special Institutional Code, or the Business License. A declarer which is a foreign-funded enterprise shall also provide the Certificate of Approval of a Foreign-funded Enterprise.

Article 12 A domestic bank shall check the information entered on the Basic Information Form for Entities by an institutional declarer against the Organizational Code Certificate or the Notice Granting a Special Institutional Code, the Business License, the Certificate of Approval of a Foreign-funded Enterprise, and other certification documents provided by such an institution, and return them to the declarer for modification if any error is found; if it is found that the information is entered correctly, the domestic bank shall process the information by logging on to the Online Balance-of-Payments Declaration System (bank version) or through its own interface program on the same workday. 1. If the information in the declarer’s Basic Information Form for Entities exists in the Online Balance of Payments Declaration System (bank version), and the existing information is displayed as information having passed the inspection by the foreign exchange authority and corresponds with the key information (including the organizational code, name of organization, type of economy, industry attributes, country, whether the enterprise is in a special economic zone, country of the foreign investor, and location of domicile/business) on the Basic Information Form for Entities filled out by the declarer, the handling bank shall enter/import the contact person, telephone number, and fax number of the declarer in to the Online Balance-of-Payments Declaration System (bank version); if there are any inconsistencies with the key elements, the handling bank shall enter/import the contact person, telephone number, and fax number of the declarer in to the Online Balance-of-Payments Declaration System (bank version), and fax or submit the Basic Information Form for Entities, the Organizational Code Certificate, or the Notice Granting a Special Institutional Code, Business License, Certificate of Approval of a Foreign-funded Enterprise, and other certification documents to the foreign exchange authority in the place where the bank is located, and the bank shall forward the aforesaid documents to the foreign exchange authority in the place where the

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domicile/business of the declarer is located for modification of the key elements. 2. If the information on the declarer’s Basic Information Form for Entities exists in the Online Balance-of-Payments Declaration System (bank version), but the existing information is displayed as information not having been checked by the foreign exchange authority but corresponds with the key elements on the Basic Information Form for Entities filled out by the declarer, the handling bank shall enter/import the contact person, telephone number, and fax number of the declarer in to the Online Balance-of-Payments Declaration System (bank version); or if there are any inconsistencies with the key information, the handling bank shall, after verification, enter/import the modified information on the declarer’s Basic Information Form for Entities in to the Online Balance-of-Payments Declaration System (bank version).

3. If the information on the declarer’s Basic Information Form for Entities does not exist in the Online Balance-of-Payments Declaration System (bank version), the handling bank shall enter/import the information on the Basic Information Form for Entities filled out by the declarer in to the Online Balance-of-Payments Declaration System (bank version) on the same workday.

Article 13 An institutional declarer applying to open an online declaration of foreign-related receipts shall select “Open Online Declaration” under the “Declaration Method” on the Basic Information Form for Entities. The handling bank shall log on to the Online Balance-of-Payments Declaration System (bank version) to open the online declaration for the institution, and shall inform the administrator of the institution of the user’s name, password, effective date, and other information which is automatically generated by the system.

The institution may log on to the Online Balance-of-Payments Declaration System (enterprise version) to change the administrator user password on the next day after the opening of the online declaration, and can create an operator user to carry out the business of declaring the balance-of-payments statistics.

The institution may apply to the handling bank to close the online declaration of foreign-related receipts; the handling bank shall log on to the Online Balance-of-Payments Declaration System (bank version) to close the online declaration for the institution and the institution shall make a hard-copy declaration of the balance-of-payments statistics on the next day after the closing of the online declaration. Article 14 An institutional declarer for which there is any change in the key information on the Basic Information Form for Entities shall notify one of its handling banks of the change in a timely manner, and shall submit the materials as set out in Article 11 of these Operating Rules.

The handling bank shall check the information on the Basic Information Form for Entities filled out by the institutional declarer against the Organizational Code Certificate or the Notice Granting a Special Institutional Code, Business License, Certificate of

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Approval of a Foreign-funded Enterprise, and other certification documents provided by the declarer, and if, upon checking, it is found that the information entered is correct, the materials will be faxed or submitted on the same workday to the foreign exchange authority in the place where the bank is located, which shall forward the said materials to the foreign exchange authority in the place where the domicile/business of the declarer is located, and the foreign exchange authority in the place where the domicile/business of the declarer is located shall make the modifications on the next workday after receipt of the materials.

Article 15 The foreign exchange authority in the place where the bank is located shall check the Basic Information Form for Entities against the information in the Online Balance-of-Payments Declaration System (foreign exchange authority version) on the same day, and if any errors are found on the Basic Information Form for Entities the modifications will be entered directly on the Online Balance-of-Payments Declaration System (foreign exchange authority version).

If the foreign exchange authority finds any key informational errors on the Basic Information Form for Entities which has already been checked, it shall notify the foreign exchange authority in the place where the domicile/business of the institutional declarer is located to make the modification.

Article 16 A domestic bank and a foreign exchange authority shall make timely modifications to the Online Balance-of-Payments Declaration System for any changes in the non-key information on a Basic Information Form for Entities.

Article 17 When an institutional declarer needs to terminate the use of the Basic Information Form for Entities due to a cancellation or change in its organizational code, the handling bank shall fax or submit the Basic Information Form for Entities, the use of which needs to be terminated, to the foreign exchange authority in the place where the bank is located, and select “Termination of the Use of the Basic Information Form for Entities.” The SAFE branch (including the foreign exchange administrative department) in the place where the bank is located shall be responsible for gathering the reasons for the termination and report them to the SAFE. Among the reasons for termination that must be reported by a SAFE branch, if the place of domicile/business of an institutional declarer is within the jurisdiction of the SAFE branch, the SAFE shall directly terminate the use on the Online Balance-of-Payments Declaration System (foreign exchange authority version); or if the location of the domicile/business of an institutional declarer is not within the jurisdiction of the SAFE branch, the SAFE shall send the information on the institution to the SAFE branch in the place where the domicile/business is located for confirmation, and shall decide whether or not to terminate according to the opinion of the SAFE branch in the place where the domicile/business of the institution is located. Article 18 Domestic banks and institutional declarers shall properly and permanently keep a paper copy of the Basic Information Form for Entities for future reference.

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Chapter III Declaration of Foreign-related Receipts

Article 19 A paying bank shall, before 12:00 noon of the first workday (T+1) after the date of payment (T) of any foreign-related receipt, input the corresponding basic information on the foreign-related receipt in the Online Balance-of-Payments Declaration System (bank version) from its own computer processing system according to the requirements of the data interface specifications of the SAFE.

An intermediary bank for foreign exchange settlement shall, before 12:00 noon of the first workday (T+1) after the date of the foreign exchange settlement (T) of any foreign-related receipt, input the corresponding basic information on the foreign-related receipt in the Online Balance-of-Payments Declaration System (bank version) from its own computer processing system according to the requirements of the data interface specifications of the SAFE.

Article 20 Where an intermediary bank is not making foreign exchange settlement transfers of the foreign-related receipts in the original currency to a paying bank/intermediary bank for foreign exchange settlement, it shall transmit the original information on each receipt to the paying bank/intermediary bank for the foreign exchange settlement in a timely, accurate, and complete manner, and the original information should indicate that the receipt is an overseas receipt. The paying bank/intermediary bank for foreign exchange settlement shall, upon receiving such receipt, handle the declaration of the foreign-related receipt according to Article 19 of these Operating Rules.

Article 21 Where any foreign-related receipt is handled by such means as forfaiting, export bill purchases, or export factoring, the following provisions shall be followed: Where the forfaiting, export bill purchase, export factoring, or other business has not been assigned within the territory of China, the domestic bank engaging in the forfaiting, export bill purchase, export factoring, or other business shall, upon receiving the overseas receipt, notify the declarer to handle the declaration of the foreign-related receipts. Where the forfaiting, export bill purchase, export factoring, or other business has been assigned within the territory of China, the original handling bank shall make a timely follow-up on the arrival of the overseas receipt; and the domestic assigned bank shall, on the same day of receiving the overseas receipt, notify in writing the original handling bank of the date of receipt, currency, amount, and other information. The original handling bank shall, upon receiving the written notice, generate a declaration number according to the date of receipt of the written notice, and notify the declarer on the same workday to make a declaration of a foreign-related receipt.

Article 22 The paper processes for declaration of foreign-related receipts:

1. A paying bank/intermediary bank for foreign exchange settlement shall, on the date of payment/foreign exchange settlement of any foreign-related receipt, notify the declarer to

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make a declaration of the foreign-related receipt within five workdays (the notice shall include the declaration number of the foreign-related receipt automatically generated by the computer processing system of the bank, the day before which the beneficiary shall complete the declaration of the foreign-related receipt and other relevant information). 2. The declarer shall, within five workdays after the date of payment by the paying bank or the date of foreign exchange settlement by the intermediary bank for foreign exchange settlement, fill out a Declaration Form for Foreign-related Receipts for each receipt according to the instructions on the back of the declaration form and submit it to the paying bank/intermediary bank for foreign exchange settlement.

3. The paying bank/intermediary bank for foreign exchange settlement shall examine the Declaration Form for Foreign-related Receipts submitted by the declarer on the same workday that it receives it, mainly with respect to: 1. whether the declarer has used the wrong type of voucher; 2. whether the declarer has entered all the information according to the instructions; and 3. whether the information declared by the declarer is consistent with the relevant information for a foreign-related receipt.

4. If, upon examination, the paying bank/intermediary bank for foreign exchange settlement finds any error, it shall, after verification with the declarer on the same workday, directly modify the original Declaration Form for Foreign-related Receipts and affix a signature and a seal at the modification, or return the declaration form to the declarer.

5. The declarer shall, on the same day when the declaration form is returned, confirm receipt of the declaration form from the paying bank/intermediary bank for foreign exchange settlement. If any error is found upon verification, it shall modify the original declaration form, affix a signature and seal to the modification, and timely return the form to the handling bank; or, if no error is found upon verification, it shall issue a written statement with the reasons and timely return it together with the original declaration form to the handling bank.

6. If upon examination a paying bank/intermediary bank for foreign exchange settlement finds no error, it shall affix its business seal to the “copy kept by the declarer” of the Declaration Form for Foreign-related Receipts. The “copy kept by bank” shall be kept by the domestic bank according to the relevant provisions; and the “copy kept by the declarer” shall be returned to the declarer. The paying bank/intermediary bank for foreign exchange settlement shall, on the first workday (T+1) after the date of declaration (T) by the declarer, enter/import the declaration information in to the Online Balance-of-Payments Declaration System (bank version).

Article 23 An institutional declarer may complete a Declaration Form for Foreign-related Receipts through the Online Balance-of-Payments Declaration System (enterprise version), and is not required to fill out the paper Declaration Form for Foreign-related Receipts. A declarer choosing the online declaration mode may still complete a Declaration Form for Foreign-related Receipts through a paper declaration.

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Article 24 The process for online declarations of foreign-related receipts:

1. For an institutional declarer making an online declaration of foreign-related receipts, the Online Balance-of-Payments Declaration System (bank version) shall automatically send the information on its Basic Information Form for Entities and the basic information on foreign-related receipts to the Online Balance-of-Payments Declaration System (enterprise version).

2. The institutional declarer of foreign-related receipts shall, within five workdays after the date of payment by the paying bank or the date of foreign exchange settlement by the intermediary bank for foreign exchange settlement, complete the declaration of foreign-related receipts through the Online Balance-of-Payments Declaration System (enterprise version).

3. The paying bank/intermediary bank for foreign exchange settlement shall, before the close of business on the next workday, examine the information on the foreign-related receipts declared on the previous workday. The examination shall mainly cover: 1. whether the declarer has entered all the information according to the instructions; and 2. whether the information declared by the declarer is consistent with the relevant information on the foreign-related receipt.

4. If upon examination no error is found in the declared information, the paying bank/intermediary bank for foreign exchange settlement shall approve it; if the declared information fails the examination, the paying bank/intermediary bank for foreign exchange settlement shall note the reasons in the system and require the declarer to issue a confirmation. The declarer shall, on the same day, verify the declared information on the foreign-related receipts that have failed the bank’s examination, and shall modify any erroneous information, or, if upon verification no errors are found, it shall note the reasons in the system.

5. If the declarer finds any error with the declared information that is submitted, it shall in a timely manner modify the erroneous declared information through the Online Balance- of-Payments Declaration System (enterprise version).

Article 25 For a domestic fund transfer through an overseas remittance, the original bank remitting the funds shall enter the information on the original remitting bank in field 52 of the SWIFT message. A bank that does not use the SWIFT system shall send a message with reference to the SWIFT format to transmit the information on the original remitting bank to the domestic beneficiary bank.

Chapter IV Declaration of Foreign-related Payments Section 1 Foreign-related Payments by Remittance

Article 26 A declarer that makes any foreign-related payment by remittance through a domestic bank shall fill out and submit an Application Form for Overseas Remittances.

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Article 27 A domestic bank shall examine the Application Form for Overseas Remittances filled out by the declarer on the same workday that it is received, mainly with respect to: 1. whether the declarer has used the wrong type of voucher; 2. whether the declarer has entered all the information according to the instructions; and 3. whether the information declared is consistent with the relevant information on the foreign-related remittance.

If upon examination any error is found, the domestic bank shall require the declarer to make a modification or to fill out another application form. If upon examination no errors are found, the domestic bank can handle the formalities for foreign-related payments for the declarer.

Article 28 A domestic bank shall enter the declaration number of the foreign-related remittance which is automatically generated by its own computer processing system on to the “form kept by the bank,” the “form kept by the foreign exchange authority,” and the “form kept by the declarer” of the Application Form for Overseas Remittances, and affix its seal to the “form kept by the foreign exchange authority” and the “form kept by the declarer.” The domestic bank shall keep the “form kept by the bank” according to the relevant provisions; handle the “form kept by the foreign exchange authority” according to Article 8 of these Operating Rules; and return to the declarer the “form kept by the declarer.”

Article 29 A domestic bank shall, before 12:00 noon of the first workday (T+1) after the date of remittance (T), input the corresponding basic information on the foreign-related remittance in the Online Balance-of-Payments Declaration System (bank version) from its own computer processing system according to the requirements of the data interface specifications of the SAFE.

Article 30 A domestic bank shall, on the first workday (T+1) after the date of remittance (T), upon verification enter/import the correct information declared on the overseas remittance in to the Online Balance-of-Payments Declaration System (bank version)

Section 2 Foreign-related Payments under Letters of Credit, Letters of Guarantee,

Collection, etc. Article 31 Where a declarer makes any foreign-related payment in a settlement manner other than a remittance, such as letters of credit, letters of guarantee, or collection, it shall use the Advice of Outward Payments/Acceptances.

Article 32 A domestic bank shall, upon receiving the relevant documents from abroad, enter the information on the received documents on to the Advice of Outward Payments/Acceptances as required, affix a signature and seal to the first form, the “form kept by the advising bank/client,” and deliver the corresponding form to the payer. Article 33 A declarer shall, upon receiving an Advice of Outward Payments/Acceptances, completely fill out all the pages, affix its seal, and return it to the domestic bank within

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the time limit as prescribed by the domestic bank for handling the formalities for foreign-related payments.

Article 34 A domestic bank shall examine the Advice of Outward Payments/Acceptances submitted by a declarer on the same workday as receiving it, mainly with respect to: 1. whether the declarer has used the wrong type of voucher; 2. whether the declarer has entered all the information according to the instructions; and 3. whether the information declared is consistent with the relevant information on the foreign-related payment. If upon examination any error is found, the domestic bank shall require the declarer to make a modification or fill out the form again; if upon examination no errors are found, the domestic bank can handle the formalities for foreign-related payments for the declarer.

Article 35 A domestic bank shall enter the declaration number of a foreign-related payment which is automatically generated by its own computer processing system on to the “form kept by bank,” the “form kept by the foreign exchange authority,” and the “form kept by the declarer” of the Advice of Outward Payment/Acceptance, and affix its seal to the “form kept by the foreign exchange authority” and the “form kept by declarer.” The domestic bank shall keep the “form kept by bank” according to the relevant provisions; handle the “form kept by the foreign exchange authority” according to Article 8 of these Operating Rules; and return the “form kept by the declarer” to the declarer. Article 36 A domestic bank shall, before 12:00 noon of the first workday (T+1) after the date of foreign-related payment (T), input the corresponding basic information on the foreign-related payment in the Online Balance-of-Payments Declaration System (bank version) from its own computer processing system according to the requirements of the data interface specifications of the SAFE.

Article 37 Where a declarer returns an Advice of Outward Payments/Acceptances to a domestic bank within the time limit as prescribed by the domestic bank, the domestic bank shall, upon confirmation on the first workday (T+1) after the date of the foreign-related payment (T), enter/import the correct information declared on the foreign-related payment in to the Online Balance-of-Payments Declaration System (bank version)

Article 38 A declarer that fails to return the Advice of Outward Payment/Acceptance to the bank within the time limit as prescribed by the domestic bank shall make a declaration within five workdays after the date on which the domestic bank makes payments according to practice.

Upon confirmation, the domestic bank shall, on the same workday, enter/import the correct information declared on the foreign-related payment in to the Online Balance-of- Payments Declaration System (bank version).

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Chapter V Modification of the Declaration Data

Article 39 A domestic bank that finds any error in the submitted basic information shall make a modification in its own computer processing system, and re-import the information in to the Online Balance-of-Payments Declaration System (bank version). If the modification of the basic information by a domestic bank involves a change in the organizational code or ID number of the payer or beneficiary, or in the nature of the corporate/personal banking, the domestic bank shall delete the original erroneous basic information, note the reasons for deletion in the system, and submit the basic information with the new declaration number generated in the system.

If the modification of the basic information by a domestic bank involves the currency or the amount of any receipt or payment, the domestic bank shall notify the declarer to issue a new declaration with the original declaration number, or delete the original erroneous basic information, note the reasons for the deletion in the system, and submit the basic information with the new declaration number generated by the system.

Article 40 Where any information declared by a paper declaration is erroneous, a domestic bank shall make a timely modification through the Online Balance-of-Payments Declaration System (bank version). For declared information that is entered, the domestic bank shall directly make a modification in the Online Balance-of-Payments Declaration System (bank version) according to the information declared by the declarer after modification; or for declared information that is imputed through the interface, the bank shall make the modification in its own computer processing system according to the information declared by the declarer after modification, and re-import it in to the Online Balance of Payments Declaration System (bank version).

Where any information declared online is erroneous, the declarer shall make timely modification of the information through the Online Balance-of-Payments Declaration System (enterprise version).

Article 41 For any declared erroneous remittance of a foreign-related receipt or payment without an actual transaction background, the handling bank shall delete the declaration data for the erroneous remittance and note the reasons for deletion in the system. For a refund of any original foreign-related receipt or payment which is paid or received due to cancellation of the transaction or any other reason, the declarer shall select “Refund” on the Declaration Form for Foreign-related Receipts or the Application Form for Overseas Remittances, the nature of the transaction of the refund shall be consistent with the nature of the transaction of the original foreign-related receipt or payment, and if there is no corresponding transaction code, the declarer shall enter the code for other items under the general category of the transaction.

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Chapter VI Handling Failures to Make a Declaration within the Prescribed Time

Limits Article 42 Where an institutional declarer fails to make a declaration for any foreign-related receipt within five workdays according to the relevant provisions, if the circumstances are serious, the SAFE branch in the place where the handling bank is located shall in writing use the special handling measure of “making no payment without declaration” against the institutional declarer.

Article 43 For an institutional declarer against which the special handling measure of “making no payment without declaration” is taken, the handling bank and the declarer shall proceed according to the following provisions:

1. The handling bank shall urge the institution to first make a supplementary declaration of each foreign-related receipt which previously was not declared on time and notify it as to being complete, through a paper declaration, the declaration of new receipts during the period of the special handling measures taken against it.

2. The declarer shall make a supplementary declaration either through a paper or online declaration of the foreign-related receipts which previously were not declared on time, and apply to the SAFE branch to issue a confirmation of a supplementary declaration after it has fulfilled the obligations for a supplementary declaration.

3. The declarer shall complete, through a paper declaration, the declaration of new receipts during the period of the special handling measures taken against it. Only after no errors are found in the declaration upon examination may the handling bank handle the payment formalities for new foreign-related receipts according to a written confirmation of the supplementary declaration issued by the SAFE branch which is provided by the declarer, and shall submit the basic information and the declared information.

Article 44 If, upon expiry of the period for the special handling measures, the SAFE branch confirms that the declarer has made a supplementary declaration of the foreign-related receipts that were not declared on time, it shall lift the special handling measures against the institution in writing.

Article 45 The SAFE branch shall, based on the declaration conditions within its jurisdiction, formulate the standards and procedures for execution of the special handling measures for “making no payment without declaration” against institutional declarers for foreign-related receipts, and shall file such standards and procedures with the SAFE in advance.

Chapter VII Responsibilities of the Foreign Exchange Authorities

Article 46 The SAFE shall perform the following responsibilities:

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1. Organizing, administering and directing the declaration of balance of payments statistics through domestic banks;

2. Checking the data on the declaration of balance of payments statistics through domestic banks across the country;

3. Establishing and maintaining the basic information forms for the foreign exchange authorities, tables of financial institution codes, and basic information forms for financial institutions across the country;

4. Maintaining the basic information forms for entities across the country; 5. Uniformly managing and maintaining system parameters and public code data; 6. Opening/closing the function of the online declaration of receipts upon application of the head offices of domestic banks;

7. Assessing or evaluating the data quality and work quality of the declaration of balance of payments statistics of the SAFE branches;

8. Punishing violations of the relevant provisions on the declaration of balance of payments statistics;

9. Organizing the historical data in the Online Balance of Payments Declaration System on a regular basis;

10. Analyzing, compiling, and releasing the relevant statistical data; and 11. Other work as arranged by the state;

Article 47 The branches and sub-branches of the SAFE shall perform the following responsibilities:

1. Managing the routine work for the declaration of balance of payments statistics through domestic banks within their respective jurisdictions;

2. Checking the data in the declaration of balance of payments statistics within their respective jurisdictions;

3. Establishing and maintaining the basic information forms for financial institutions within their respective jurisdictions;

4. Inspecting and modifying the basic information forms for entities within their respective jurisdictions;

5. Opening/closing the function of online declaration of receipts upon application of the

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bank branch offices within their respective jurisdictions;

6. Assessing the data quality and work quality of the declaration of balance of payments statistics of the foreign exchange authorities at lower levels and banks and enterprises within their respective jurisdictions;

7. Formulating the standards and procedures for execution of the special handling measures for “making no payment without declaration” within their respective jurisdictions;

8. Punishing violations of the relevant provisions of the declaration of balance of payments statistics within their respective jurisdictions;

9. Analyzing, compiling, and providing the relevant statistical data within their respective jurisdictions; and

10. Other work as arranged by the higher-level foreign exchange authorities.

Chapter VIII Supplementary Provisions

Article 48 The terms in these Operating Rules shall have the following meanings: 1. The term “foreign-related receipts and payments” refers to the money received from or paid abroad by non-banking institutions and individuals through domestic banks, as well as receipts and payments between domestic residents and domestic non-residents through domestic banks. Foreign-related receipts and payments shall include foreign exchange and Renminbi, specifically:

(1) foreign-related receipts and payments handled in such settlement manners as letters of credit, collections, letters of guarantee, and remittances (telegraphic transfers, mail transfers, or demand drafts), including foreign-related receipts and payments under bank cards.

(2) foreign-related receipts and payments upon payment instructions issued by domestic banks to abroad, and foreign-related receipts and payments upon payment instructions issued from abroad to domestic banks.

(3) foreign-related receipts and payments for foreign aid through bookkeeping; and (4) foreign-related receipts and payments relevant to the import and export of non-monetary gold.

Cross-border receipts and payments for remittance route reasons, cross-border receipts and payments within a bank and between banks, and deposits and withdrawals of foreign currency cash (including cash withdrawals abroad) by non-banking institutions and individuals shall be excluded.

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2. The term “declarer” refers to any non-banking institution or individual handling foreign-related receipts and payments through domestic banks.

3. The term “domestic bank” refers to a bank which is legally established within the territory of China and provides the declarers with the relevant foreign-related receipt and payment services.

4. The term “paying bank” refers to a bank which credits a receipt to the beneficiary’s account after receiving it

5. The term “intermediary bank of foreign exchange settlement” refers to a bank which settles a receipt in foreign exchange after receiving it and directly transfers it to the beneficiary’s account in any other bank

6. The term “intermediary bank not making foreign exchange settlement” refers to a bank which does not credit a receipt to the beneficiary’s account after receiving it, but transfers it in the original currency to another bank where the beneficiary has an account.

7. The term “Online Balance of Payments Declaration System” refers to the specialized electronic system which has been developed by the SAFE in accordance with the requirements of the “Macroeconomics Systems” of the state and the relevant measures for the declaration of balance of payments statistics and provided to domestic banks and declarers to make indirect declarations of balance of payments statistics (hereinafter referred to as “indirect declarations”), including the foreign exchange authority version, the bank version, and the enterprise version. The declarers may make indirect declarations through this system, and the declaration methods shall include paper declarations and online declarations.

8. The term “paper declaration” refers to a declaration method in which a declarer makes a declaration by filling out a paper declaration form.

9. The term “online declaration” refers to a declaration method in which an institutional declarer makes a declaration on the Internet.

10. The term “declaration number” refers to the 22-digit number arranged by a bank according to the requirements of the SAFE, of which the first to the twelfth digits are the financial institution identification code (see the specific definition below); the thirteenth to the eighteenth digits are the value date/interim settlement date of the foreign-related receipt or the payment date of the foreign-related payment (in the forma of YYMMDD); and the nineteenth to the twenty-second digits is the business serial number of the bank on a day which shall not be repeated.

11. The term “financial institution code” refers to a unique four-digit code identifying a domestic economic organization (financial institution) engaging in financial business, and the financial institution codes of all branch offices of such financial institutions shall be consistent with those of the head office (parent company). The financial institution codes

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shall be uniformly arranged and distributed by the SAFE.

12. The term “area code” refers to the administrative division code of the area where the bank handling the business of foreign-related receipts and payments is located.

13. The term “financial institution identification code” refers to the unique code identifying the head office (parent company) or any of the branch offices of a financial institution, and each head office or branch office shall have a unique 12-digit financial institution identification code.

14. The term “bank’s own computer processing system” shall include all kinds of business processing systems, accounting systems, accounts processing systems, RMB systems, etc., of a bank relevant to the information in the indirect declaration of balance of payments statistics.

15. The term “data interface specifications” refers to the data standards uniformly formulated by the SAFE and provided to the banks to develop interface programs. 16. The term “basic information” refers to the information which must be gathered from the bank’s own computer processing system with respect to foreign-related receipts and payments or domestic receipts and payments necessary for verifications and writing off of import and export trade.

17. The term “declared information” refers to information other than the specific verification and writing-off information entered by a declarer on the declaration form. The declared information may be the information entered by the declarer on to the paper declaration form or the information entered and submitted to the bank online by a declarer.

18. The term “specific verification and writing-off information” refers to the information entered by a verification and writing-off applicant and used only for import and export verification and writing-off.

Article 49 A domestic bank which handles any foreign-related payment upon authorization by electronic banking or other means shall follow the principles for the declaration of balance of payments statistics in these Operating Rules and shall go through the prior filing formalities with the SAFE.

Article 50 A foreign-related receipt in a personal banking account equivalent to USD 3,000 or less shall be subject to the declaration limit, i.e., the beneficiary is not required to fill out a Declaration Form for Foreign-related Receipts, but the declaration limit shall not apply to foreign-related receipts in personal banking accounts involving export trade proceeds in foreign exchange and under non-resident items.

For the foreign-related receipts subject to the declaration limits, the domestic banks shall still submit the basic information according to the provisions in these Operating Rules.

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Article 51 The provisions for the declaration of balance of payments statistics for cash withdrawals from automatic teller machines (ATM) and consumption transactions through the point of sales system (POS) under bank cards shall be formulated separately, but the foreign-related receipts and foreign-related payments under bank cards shall be governed by these Operating Rules.

Article 52 A finance company engaging in centralized receipts and payments of funds may handle the declaration of the balance of payments statistics through domestic banks according to these Operating Rules, or may apply to the SAFE to be treated as a domestic bank to handle the declaration of balance of payments statistics.

Article 53 Violations of these Operating Rules shall be punished by the foreign exchange authorities in accordance with the Regulations of the People’s Republic of China on Foreign Exchange Administration and other provisions.

Article 54 Power to interpret these Operating Rules shall remain with the SAFE. Article 55 These Operating Rules shall come into force as of the date of promulgation. The Operating Rules for the Declaration of Balance of Payments Statistics through Financial Institutions (Trial) (Annex 3 to the Huifa No. 57 [2006] Document, Annex 4 to the Huifa No. 35 [2009] Document, Annex 4 to the Huifa No. 37 [2009] Documents, Annex 4 to the Huifa No. 43 [2009] Document, and Annex 7 to the Huifa No. 45 [2009] Document) shall be abolished simultaneously.

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Annex:

Basic Information Form for Entities

Please Select: Create a New Form □ Changes to the Form □ Terminate the Use of the Form □ Organization Code □□□□□□□□－□ Name of the Organization Name and Code of Domicile/ Place of □□□□□□ Business Name and Code of Resident Country/ Region □□□ Country 1: □□□ Country 2: □□□ Name and Code of Foreign Investor’s Country/Region Country 3: □□□ Country 4: □□□ Country 5: □□□ Code for the Type of Economy □□□ Code for the Industry Attribute □□□□ Is the Enterprise in a Special Economic Zone ? Code of the Relevant Foreign Yes □ No □ Exchange Authority □□□□□□ Types of □ Bonded Area □ Export Processing Zone Enterprises □ Bonded Logistics Center (B-Type) □ Bonded Logistics Park □ Diamond Exchange in Special □ Bonded Port Area □ Comprehensive Bonded Zone Economic □ Cross-border Industrial Zone □ Bonded Logistics Center (A-Type) Areas □ Export Supervised Warehouse □ Import Bonded Warehouse □ Others Declaration Method: Paper Declaration □ (if this is chosen, declaration of balance of payments statistics can only be made by filling out a paper declaration form at the bank counter) Open an Online Declaration □ (if this is chosen, declaration of balance of payments statistics can be made either on the Internet or in paper format at the bank counter) Close an Online Declaration □ (for customers who have opened an online declaration but want to close it) Organization Address Zip Code Email Address Note Name of Handling Bank Contact Person Contact Phone Number Fax Number Signature of the Handling Staff of the Organization: Bank Signature:

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The First Sheet: Sheet Kept by Bank

Basic Information Form for Entities

Please Select: Create a New Form □ Change to the Form □ Terminate the Use of the Form □ Organization Code □□□□□□□□－□ Name of Organization Name and Code of Domicile/ Place of □□□□□□ Business Name and Code of Resident Country/ Region □□□ Country 1: □□□ Country 2: □□□ Name and Code of Foreign Investor’s Country/Region Country 3: □□□ Country 4: □□□ Country 5: □□□ Code for the Type of Economy □□□ Code for the Industrial Characteristics □□□□ Is the Enterprise in a Special Economic Zone? Code for the Relevant Foreign Yes □ No □ Exchange Authority □□□□□□ Types of □ Bonded Area □ Export Processing Zone Enterprises □ Bonded Logistics Center (B-Type) □ Bonded Logistics Park □ Diamond Exchange in Special □ Bonded Port Area □ Comprehensive Bonded Zone Economic □ Cross-border Industrial Zone □ Bonded Logistics Center (A-Type) Areas □ Export Supervised Warehouse □ Import Bonded Warehouse □ Others Declaration Method: Paper Declaration □ (if this is chosen, declaration of the balance of payments statistics can only be made by filling out a paper declaration form at the bank counter) Open an Online Declaration □ (if this is chosen, declaration of balance of payments statistics can be made either on the Internet or in paper format at the bank counter) Close an Online Declaration □ (for customers who have opened an online declaration but want to close it) Organization Address Zip Code Email Address Note Name of Handling Bank Contact Person Contact Phone Number Fax Number Signature of the Handling Staff of the Organization: Bank Signature:

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The Second Sheet: Sheet Kept by Declarer

Instructions for Filling Out the Basic Information Form for Entities

1. Organization Code: Fill in the organization code or the special institution code according to the Organization Code Certificate promulgated by the General Administration of Quality Supervision, Inspection, and Quarantine of the P.R.C. or the Notice Granting a Special Institution Code signed and issued by the foreign exchange authorities.

2. Name of Organization: Write the name according to the Organization Code Certificate promulgated by the General Administration of Quality Supervision, Inspection, and Quarantine of the P.R.C. and the Notice Granting a Special Institution Code signed and issued by the foreign exchange authorities. If the organization is a foreign institution, the form may be completed in English.

3. Domicile/Place of Business: refers to the organization's domicile or place of business as stated on the Business License issued by the Industrial and Commercial Administration. Non-resident domicile and place of business refers to the location of the bank where the special institution code has been issued.

4. Resident Country/Region: refers to the country /region where the organization is registered. Fill in the name of country/region in Chinese, and its code according to the codes for representation of the names of countries and regions issued by the General Administration of Quality Supervision, Inspection, and Quarantine of the P.R.C.

5. Foreign Investor's Country/ Region: refers to the country/region of the foreign investor who holds more than 10% (incl.) of the total investment in an institution legally established within the territory of China. Fill in the name of the country/ region in descending order based on the investment ratios, and state the conditions in the Note column if there are more than 5 investors.

6. Code for the Type of Economy and Code for the Industry Characteristics: Fill in the codes according to the Classifications and Codes for Economic Categories promulgated by the General Administration of Quality Supervision, Inspection, and Quarantine of the P.R.C., the Industrial Classifications for National Economic Activities issued by the National Bureau of Statistics, and the Data Interface Specifications between the SAFE’s Sub-project of the Macroeconomics System and the Business System of Banks (Edition 1.0).

7. An Enterprise in a Special Economic Zone: refers to whether or not the enterprise is registered in a special economic zone. A special economic zone refers to special economic areas such as bonded areas and export processing zones within the territory of China.

8. Code of the Relevant Foreign Authority: refers to the code of the foreign authority at the place where the organization is registered. This code is arranged by the State Administration of Foreign Exchange. Institutional clients shall follow the instructions of the bank business staff to fill in the code.

9. Declaration Method: A declarer may choose either a paper declaration or an online declaration; if neither is chosen, the default is a paper declaration.

10. E-mail Address: refers to the email address that is used in daily business communications with the foreign exchange authorities.

11. Name of Handling Bank: refers to the name of the handling bank where the Basic Information Form for Entities was created.

12. Organization Address: Fill in the mailing address. If it is a foreign institution, it may be entered in English.

Instructions for the Basic Information Form for Entities (electronic version)

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1. The bank shall manually enter the information filled out by the declarers or import its client archive information to the Online Balance of Payments Declaration System (bank version).

2. The bank shall enter the Financial Institution Identification Code of the Name of the Handling Bank on the Basic Information Form for Entities (electronic edition) and the bank system will automatically check it.

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