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No.9 of Model Cases Involving China (Shanghai) Pilot Free Trade Zone Tried by the People's Court of Pudong New Area, Shanghai Municipality: Bosi Trade (Shanghai) Co., Ltd., Ni, and Chen (Case about evasion of foreign exchange control)
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上海市浦东新区人民法院涉自贸试验区典型案例之九：波驷贸易（上海）有限公司、尼某、陈某逃汇案
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No.9 of Model Cases Involving China (Shanghai) Pilot Free Trade Zone Tried by the People's Court of Pudong New Area, Shanghai Municipality: Bosi Trade (Shanghai) Co., Ltd., Ni, and Chen (Case about evasion of foreign exchange control)
(Case about evasion of foreign exchange control)
上海市浦东新区人民法院涉自贸试验区典型案例之九：波驷贸易（上海）有限公司、尼某、陈某逃汇案
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| No.9 of Model Cases Involving China (Shanghai) Pilot Free Trade Zone Tried by the People's Court of Pudong New Area, Shanghai Municipality: Bosi Trade (Shanghai) Co., Ltd., Ni, and Chen (Case about evasion of foreign exchange control) | | 上海市浦东新区人民法院涉自贸试验区典型案例之九：波驷贸易（上海）有限公司、尼某、陈某逃汇案 |
| --Foreign exchange receipts and payments under transit trades are regulated by China's foreign exchange control system. If the act of making a foreign exchange payment by fabricating transit trade satisfies the essential elements of the crime of evasion of foreign exchange control as prescribed in the Criminal Law of the People's Republic of China, the actor should be subject to criminal liability. | | ——转口贸易项下收、付汇受我国外汇管理制度的规制，虚构转口贸易对外付汇的行为，如果符合我国《刑法》规定的逃汇罪构成要件时，应追究刑事责任 |
| (1) Basic Facts | | 一、基本案情 |
Bosi Trade (Shanghai) Co., Ltd. (hereinafter referred to as “Bosi Shanghai Company”) was a foreign-funded enterprise engaging in international trade business that was registered within China (Shanghai) Pilot Free Trade Zone. During the period of operation of this Company, the actual controller of Bosi Shanghai Company surnamed Ni submitted to China Construction Bank and China CITIC Bank the contracts on sales of engineering vessels and other goods concluded by and between this Company and Hong Kong International Co., Ltd. and other overseas companies, the invoices, and other materials, and collected foreign exchange funds. Afterwards, he submitted to the aforesaid banks the contracts on purchase of goods concluded by and between this Company and British Fortune Resources Co., Ltd. and other overseas companies, the invoices, false bills of lading, and other materials. Under Ni's instructions, the general manager of Bosi Shanghai Company surnamed Chen made payments of the aforesaid foreign exchange funds collected in the name of transit trades to offshore accounts of British Fortune Resources Co., Ltd. and other overseas companies and a total of USD10.82 million in 11 trades were involved.
．．．．．． | | 波驷上海公司是一家注册在上海自贸区内从事国际贸易业务的外资企业。波驷上海公司的实际控制人尼某在经营该公司期间，向建设银行、中信银行提交该公司与香港国际有限公司等境外公司签订的工程船等售货合同、发票等材料，收取外汇资金，后又向上述银行提交该公司与英国财富资源有限公司等境外公司签订的购货合同、发票、虚假提单等材料，由波驷上海公司总经理陈某根据尼某的指令将上述以转口贸易名义收取的外汇资金付汇至英国财富资源有限公司等境外公司的离岸账户，涉及资金11笔共约1,082万美元。
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