| Circular of the State Administration of Foreign Exchange on Further Improving the Administration of Foreign Exchange Collection and Settlement in Trade | | 国家外汇管理局关于进一步改进贸易外汇收汇与结汇管理有关问题的通知 |
(September 29, 2006 No. 49 [2006] of State Administration of Foreign Exchange) | |
（2006年9月29日 汇发〔2006〕49号） |
The branches and foreign exchange business departments of the State Administration of Foreign Exchange in all provinces, autonomous regions, and municipalities directly under the Central Government, the Branches of the State Administration of Foreign Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and all designated foreign exchange banks: | |
国家外汇管理局各省、自治区、直辖市分局、外汇管理部，深圳、大连、青岛、厦门、宁波市分局；各中资外汇指定银行： |
In order to further improve the administration of foreign exchange collection and settlement in commodity trade, facilitate the enterprises in their normal capital use and intensify the effectiveness of the administration of the authenticity of foreign exchange in trade and sustain the international payment balance, we hereby notify the relevant issues as follows: | |
为进一步改进货物贸易（以下简称“贸易”）外汇收汇和结汇管理，便利企业正常资金使用，增强贸易外汇真实性管理的有效性，维护国际收支平衡，现就有关问题通知如下： |
| |
|
| 1. The branches and foreign exchange business departments of the State Administration of Foreign Exchange (hereinafter referred to as the Foreign Exchange Bureau) shall adopt a classified administration of foreign exchange in trade as to the foreign exchange collection entities. | | 一、国家外汇管理局各分局、外汇管理部（以下简称“外汇局”）对收汇单位贸易外汇实行分类管理。 |
| |
|
| 2. All foreign exchange administrations shall conduct an examination on the foreign exchange collection entities. Where any entity foreign exchange collection is under any of the following circumstances, it shall be included into the list of "enterprises under focused supervision": | | 二、外汇局按年度对收汇单位进行考核，收汇单位存在下列情况之一的，列入结汇“关注企业”名单： |
| |
|
| (1) Where any foreign exchange collected under the trade item within 1 year has a balance of 10% or above as compared to the total receivable foreign exchange under the trade item for the contemporary period; | | （一）一年内贸易项下的收汇与同期贸易项下应收汇总额相差10％（含10％）以上的； |
| |
|
| (2) Where any entity was punished by the foreign exchange administration for its violation of the provisions on the administration of foreign exchange within 1 year; or | | （二）一年内因违反外汇管理规定受到外汇局处罚的； |
| |
|
| (3) Where any entity shall, in the view of the foreign exchange administration, be included into the list of "enterprises under focused supervision" in light of its credit records and term for business initiation. | | （三）根据信用记录、开业期限等，外汇局认为应列入“关注企业”名单的。 |
| |
|
| 3. As to any foreign exchange collection entity that has any special demand in such aspect as production, operation and capital settlement regarding the export of vessels and large complete set of equipments as well as any foreign exchange collection entity that has a balance of no more than US$ 0.5 million of equivalent value between the foreign exchange collected under its trade item within 1 year and the receivable foreign exchange under the trade item for the contemporary period, the requirements as prescribed in item (1), Article 2 herein may be properly released upon the examination and approval of the Foreign Exchange Bureau. | | 三、对船舶、大型成套设备出口等在生产、经营和资金结算方面有特殊需要的收汇单位，以及一年内贸易项下的收汇与同期贸易项下应收汇差额不超过等值50万美元的收汇单位，经外汇局审核后，可适当放宽第二条第（一）项所列标准。 |
| |
|
| 4. The administration method of collecting and settling the foreign exchange under the trade item through the settlement account of foreign exchange or payment of foreign exchange shall be abolished. A foreign exchange collection entity that is not listed as an "enterprise under focused supervision" may directly handle the collection and settlement of foreign exchange according to the relevant provisions. As to any foreign exchange collection entity listed as an "enterprise under focused supervision", the settlement of foreign exchange for all its incomes under the current item shall be subject to strict examination and approval according to the provisions of the present Circular. | | 四、取消贸易项下外汇收汇与结汇待结汇账户和支付结汇管理。对“关注企业”名单以外的收汇单位，按相关规定直接办理收汇与结汇；对“关注企业”名单以内的收汇单位，经常项目全部收入应当按照本通知规定经严格审核后办理结汇。 |
| |
|
| 5. As to any foreign exchange collection entity marked as an "enterprise under focused supervision", where its foreign exchange under the current item is directly settled or settled upon being entered into the current item, it shall make a written explanation on the nature of foreign exchange settlement to the designated foreign exchange bank (hereinafter referred to as the bank) and handle the relevant formalities according to the following provisions: | | 五、凡“关注企业”名单以内的收汇单位，经常项目外汇直接结汇或进入经常项目外汇账户后结汇，应当向外汇指定银行（以下简称“银行”）提供关于结汇款项性质的书面说明，并按照如下规定办理： |
| |
|
(1) As to any foreign exchange income generated from transit trade for which payment is made before collection, it shall handle the foreign exchange settlement upon the strength of the original of the verification and write-off form of import in trade (the page to be kept by enterprise), to which the bank seal is affixed, as well as the contract on transit trade;
．．．．．． | | （一）属于先支后收转口贸易外汇收入的，凭对应的盖有银行业务章的贸易进口付汇核销单（企业留存联）正本、转口贸易合同办理结汇。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥300.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |