Provisions for the Centralised Operation and Management of Foreign Exchange Funds by Multinational Corporations (Trial Implementation)

跨国公司外汇资金集中运营管理规定 (试行)

The Provisions allow multinational corporations to centrally manage the foreign exchange funds of their member enterprises.

Clp Reference: 3810/14.04.18 Promulgated: 2014-04-18 Effective: 2014-06-01

(Issued by the State Administration of Foreign Exchange on April 18 2014 and effective as of June 1 2014.)

(国家外汇管理局于二零一四年四月十八日发布,自二零一四年六月一日起施行。)

Hui Fa [2014] No.23

汇发 [2014] 23号

Part One: General provisions

第一章 总则

Article 1: These Provisions have been formulated in order to make trade and investment more convenient and serve the real economy.

第一条 为促进贸易投资便利化,服务实体经济,制定本规定。

Article 2: A multinational corporation may, as required for its business, open a master domestic foreign exchange fund account with a bank in the place where it is located to centrally operate and manage the foreign exchange funds of its member enterprises in China. It may additionally carry out matters such as centralised receipt and payment of foreign exchange on the current account and net settlement.

第二条 跨国公司可以根据经营需要,在所在地银行开立国内外汇资金主账户,集中运营管理境内成员企业外汇资金。并可办理经常项目外汇资金集中收付汇、轧差净额结算等业务。

Article 3: A multinational corporation may, as required for its business, open a master international foreign exchange fund account with a bank in the place where it is located to centrally operate and manage the funds of its member enterprises outside China and foreign debt proceeds borrowed from other offshore organisations.

第三条 跨国公司可以根据经营需要,在所在地银行开立国际外汇资金主账户,集中运营管理境外成员企业资金及从其他境外机构借入的外债资金。

There shall be freedom of movement between master international foreign exchange fund accounts and with the domestic foreign exchange accounts of offshore organisations and offshore funds. The funds in a master international foreign exchange fund account shall not count toward an enterprise's foreign debt limit, but foreign debt registration shall be carried out therefor in accordance with provisions.

国际外汇资金主账户之间以及与境外机构境内外汇账户、境外资金往来自由。国际外汇资金主账户内资金不占用企业外债指标,但应按规定办理外债登记。

Of the deposits attracted by a domestic bank through master international foreign exchange fund accounts, up to 10% of the limit thereon may be applied domestically; where such a deposit is counted toward the short-term foreign debt balance limit, the portion thereof above 10% may be applied domestically.

境内银行通过国际外汇资金主账户吸收的存款可在不超过10%的额度内境内运用;在占用短期外债余额指标的前提下,可将国际外汇资金主账户吸收存款中超过10%的部分境内运用。

Article 4: The net borrowing volume between a master domestic foreign exchange account and master international foreign exchange fund account may not exceed the centralised foreign debt limit of the member enterprises in China and the net lending volume may not exceed the centralised limit on the extension of loans to foreign parties of the member enterprises in China.

第四条 国内外汇资金主账户与国际外汇资金主账户之间净融入额不得超过境内成员企业集中的外债额度,净融出额不得超过境内成员企业集中的对外放款额度。

Article 5: A multinational corporation may, as required for its business, open both a master domestic and a master international foreign exchange fund account, or opt to open only one of them.

第五条 跨国公司可以根据经营需要,同时开立国内、国际外汇资金主账户,也可以选择开立其中任何一个账户。

If it opts to open both a master domestic and a master international foreign exchange fund account, the funds lent or borrowed in connection with foreign debts and the extension of loans to foreign parties shall be handled through the master international foreign exchange fund account. If it only opens a master domestic foreign exchange fund account, the funds lent or borrowed in connection with foreign debts and the extension of loans to foreign parties may directly enter or leave the master domestic foreign exchange fund account from or to abroad within the limit specified in Article 4. If it only opens a master international foreign exchange fund account, foreign debts and loans extended to foreign parties shall be handled through such account.

同时开立国内、国际外汇资金主账户的,外债、对外放款融出入资金应经由国际外汇资金主账户办理;仅开立国内外汇资金主账户的,外债、对外放款融出入资金可在第四条规定额度内由境外直接进出入国内外汇资金主账户;仅开立国际外汇资金主账户的,外债、对外放款通过该账户办理。

The multinational corporation and bank shall duly control the limits and ensure that the funds lent or borrowed in connection with foreign debts and the extension of loans to foreign parties do not exceed the specified limits at any point in time.

跨国公司、银行应做好额度控制,确保任一时点外债、对外放款融出入资金不超过规定额度。

Article 6: The bank shall be one that has a B grade or above in the annual assessments of implementation of exchange control provisions during the last three years. In principle, a handling enterprise shall select not more than three domestic banks with foreign exchange settlement and sale business qualifications as its banks for handling centralised fund operation and management, and such banks shall carry out the operation and management of relevant account transactions in accordance herewith.

第六条 开户银行应为近三年执行外汇管理规定年度考核B类及以上的银行。主办企业原则上选择不超过3家境内具有结售汇业务资格的银行作为办理资金集中运营管理业务的开户银行,开户银行依据本规定对相关账户交易进行操作和管理。

If a bank's assessment grade falls below B after commencing to handle centralised fund operation and management business, it may continue to handle its original relevant business.

开户银行办理资金集中运营管理业务后考核等次为B(不含)以下的,可以继续办理原有相应业务。

Part Two: Business record filing

第二章 业务备案

Article 7: A multinational corporation that satisfies the following conditions may, as required for its business, open (a) master domestic and/or international foreign exchange fund account(s):

第七条 满足以下条件的跨国公司,可根据经营需要开立国内、国际外汇资金主账户:

(1) has a genuine business need therefor;

(一) 具备真实业务需求;

(2) has sound foreign exchange fund management framework and internal controls;

(二) 具有完善的外汇资金管理架构、内控制度;

(3) has established the appropriate internal electronic management system;

(三) 建立相应的内部管理电子系统;

(4) its foreign exchange receipts and payments during the previous year exceeded US$100 million (counting together its member enterprises in China that are participating in the centralised operation and management of foreign exchange funds);

(四) 上年度外汇收支规模超过1亿美元(参加外汇资金集中运营管理的境内成员企业合并计算);

(5) has not committed a major violation of foreign exchange laws or regulations during the last three years (or for an enterprise that has been established for less than three years, since the date of its establishment); for an enterprise on the Directory of Enterprises with Foreign Exchange Receipts and Payments in Connection with Trade, it shall have a goods trade classification grade of A; and

(五) 近三年无重大外汇违法违规行为(成立不满三年的企业,自成立之日起无重大外汇违规行为)。贸易外汇收支企业名录内企业,货物贸易分类结果应为A类;

(6) other prudential regulatory conditions as specified by the State Administration of Foreign Exchange (SAFE).

(六) 外汇局规定的其他审慎监管条件。

Article 8: A handling enterprise wishing to open (a) master domestic and/or international foreign exchange fund account(s) shall carry out record filing with the branch or office of SAFE (the Branch) of the place where it is located and submit the following materials:

第八条 主办企业开立国内、国际外汇资金主账户应向所在地外汇分局、外汇管理部(以下简称分局)备案,提交以下材料:

(1) a record filing application, that includes the multinational corporation's basic particulars and business need; the basic particulars of the handling enterprise, the list of participating enterprises and their equity structure; and the multinational corporation's letter authorising the handling enterprise; if centralised receipt and payment of foreign exchange funds on the current account and net settlement are selected, a table explaining the list of participating member enterprises both inside and outside China shall additionally be drawn up, which shall include their names, organisation codes and places of registration;

(一) 备案申请。包括跨国公司基本情况,业务需求;主办企业基本情况,参与企业名单、股权结构;跨国公司对主办企业的授权书等。选择经常项目外汇资金集中收付汇、轧差净额结算业务的,还需列表说明参与的境内外成员企业名单,包括名称、组织机构代码、注册地等。

(2) relevant supporting documentation: including the business licences of the handling enterprise and of the member enterprises in China bearing the official seal of the handling enterprise; financial business permits and approval documents for the scopes of business (to be provided by a finance company); member enterprises outside China are only required to provide their proof of registration;

(二) 相关证明材料。包括加盖主办企业公章的主办企业及境内成员企业营业执照;金融业务许可证及经营范围批准文件(财务公司需提供);境外成员企业只需提供注册证明。

(3) the business model, operational procedure, internal controls, organisational structure, system construction, risk control measures, means of data monitoring and technical service assurance plan jointly formulated by the enterprise and its bank; a signed Letter of Confirmation of Handling of the Centralised Foreign Exchange Fund Operation and Management Business of a Multinational Corporation (Annex 1); if two or more banks are selected, the specific allocation of the centralised limits for foreign debts and the extension of loans to foreign parties between each bank shall be specified; and

(三) 企业与开户银行联合制定的业务模式、操作流程、内控制度、组织架构、系统建设、风险控制措施、数据监测方式以及技术服务保障方案等;经签署的《跨国公司外汇资金集中运营管理业务办理确认书》(见附1);选择2家以上(含)开户银行的,应明确外债、对外放款集中额度在各家开户银行的具体分配。

(4) other materials that SAFE requires be provided.

(四) 外汇局要求提供的其他材料。

Article 9: When the handling enterprise initially applies for a centralised foreign debt limit, it shall submit the following materials:

第九条 主办企业首次申请集中外债额度时应提交以下材料:

(1) a written application, with a table drawn up to detail the names, organisation codes and places of registration of the member enterprises participating in the centralised foreign debt limit, the portion of the foreign debt limit that each member enterprise may use, the amount of registered foreign debt contracts, the drawdown amounts and the centralised foreign debt limit; and

(一) 申请书,应列表说明参加外债额度集中的成员企业名称、组织机构代码、注册地、每家成员企业可用外债额度、已登记外债签约额及提款额、集中的外债额度。

(2) the remaining available borrowing limit of the member enterprises participating in the centralised or partial centralised foreign debt limit found in a foreign debt search of the capital account information system, a list of their registered foreign debt contracts and the printing interface for table information from a foreign debt line search.

(二) 参与集中或者部分集中外债额度的成员企业的资本项目信息系统外债业务查询中的尚可借债额、外债签约登记列表及外债业务条线查询列表信息打印界面。

Special sensitive industries may not participate and share in the consolidated foreign debt limit.

特殊敏感行业不得参与及共享归集的外债额度。

Article 10: SAFE shall complete the record filing procedures and issue a record filing notice within 20 working days from the date of receipt of the complete set of the record filing application documents submitted by the handling enterprise. The record filing notice shall specify the lending and borrowing limits for foreign debts and loans extended to foreign parties.

第十条 外汇局应在主办企业提交完整的备案申请材料之日起二十个工作日内完成备案手续并出具备案通知书。备案通知书应包含外债、对外放款资金融出入额度等。

Article 11: If the handling enterprise is a finance company, it shall comply with the provisions of the competent industry department and manage the multinational corporation's centralised foreign exchange fund operation and management business and other businesses (including its own asset/liability businesses) in separate accounts.

第十一条 主办企业为财务公司的,应当遵守行业主管部门规定,并将跨国公司外汇资金集中运营管理业务和其他业务(包括自身资产负债业务)分账管理。

Article 12: If, during the period of handling the business, there is a change in the bank, handling enterprise or a member enterprise, record filing of the change shall be carried out with the Branch one month in advance.

第十二条 业务办理期间开户银行、主办企业、成员企业等发生变更的,应提前一个月向分局变更备案。
 

If there is a change in the bank, the following materials shall be submitted:

开户银行变更的,应提交以下材料:

(1) an application for a change in the bank, mainly including the reason for the change in the bank, the proposed new bank and the method of dealing with the balance(s) in the original account(s);

(一) 变更开户银行申请。主要包括:变更开户银行的原因,拟选择的开户银行,原账户余额的处理方式等。

(2) the business model, operational procedure, internal controls, organisational structure, system construction, risk control measures, means of data monitoring, technical service assurance plan, etc. of the proposed new bank;

(二) 拟新开户银行业务模式、操作流程、内控制度、组织架构、系统建设、风险控制措施、数据监测方式以及技术服务保障方案等。

(3) the statement of the balance(s) in the original account(s) bearing the official business stamp of the bank;

(三) 加盖银行业务公章的原账户余额对账单。

(4) the signed Letter of Confirmation of Handling of the Centralised Foreign Exchange Fund Operation and Management Business of a Multinational Corporation; and

(四) 经签署的《跨国公司外汇资金集中运营管理业务办理确认书》。

(5) other materials as requested by SAFE.

(五) 外汇局要求的其他材料。

For a change in the foreign debt limit and limit on loans extended to foreign parties or the type of business of a member enterprise or the handling enterprise, in addition to submitting materials with reference to Articles 8 and 9, a photocopy of the record filing notice shall be submitted.

成员企业、主办企业外债和对外放款额度、业务种类变更的,除参照第八、九条提交材料外,还应提交备案通知书复印件。

Article 13: If the goods trade classification of the handling enterprise falls to grade B or C, SAFE will, depending on the severity of the violation of regulations, notify the multinational corporation to change its handling enterprise and submit the application materials anew, or SAFE will cancel its handling enterprise qualifications. If the goods trade classification of an enterprise member falls to grade B or C, the handling enterprise shall terminate its participation and carry out the record filing of a change in member enterprise with SAFE.

第十三条 主办企业货物贸易分类结果降为B、C类,根据违规情节轻重,外汇局将通知跨国公司变更主办企业并重新提交申请材料,或取消主办企业业务资格;其他成员企业货物贸易分类结果降为B、C类,主办企业应终止其业务,并向外汇局进行成员企业变更备案。

Article 14: If the handling enterprise commits a violation of foreign exchange regulations, its handling enterprise qualifications shall be cancelled from the date on which the penalties enter into effect. If a member enterprise commits a violation of foreign exchange regulations, its qualifications to participate in the business shall be cancelled from the date on which the penalties enter into effect.

第十四条 主办企业存在外汇违规行为的,自处罚生效之日起,取消主办企业业务资格;成员企业存在外汇违规行为,自处罚生效之日起,取消该成员企业参与业务资格。

Part Three: Management of master domestic and international foreign exchange fund accounts

第三章 国内、国际外汇资金主账户管理

Article 15: The handling enterprise shall open (a) master domestic and/or international foreign exchange fund account(s) with a bank on the strength of the record filing notice. Master domestic and international foreign exchange fund accounts may be multiple currency accounts, with intraday and overnight overdrafts permitted therein; overdraft funds may be used only for payments to foreign parties, and once foreign exchange funds are received, they shall be used to repay the overdraft on a priority basis. Depending on business needs, sub-accounts may be opened under a master account.

第十五条 主办企业应持备案通知书到银行开立国内和(或)国际外汇资金主账户。国内和国际外汇资金主账户可以是多币种账户,允许日间及隔夜透支;透支资金只能用于对外支付,收到外汇资金后应优先偿还透支款。根据业务需要,该账户项下可设立分账户。

There shall be no limits on the number of master domestic foreign exchange fund accounts and master international foreign exchange accounts that can be opened, provided that the requirements of prudential regulation are complied with.

国内外汇资金主账户和国际外汇资金主账户开户数量不予限制,但应符合审慎监管要求。

Article 16: Scope of income and expenditures of master domestic foreign exchange fund accounts.

第十六条 国内外汇资金主账户收支范围。

(1) Scope of income:

(一)收入范围

1. foreign exchange income on the current account received directly from abroad by member enterprises in China;

1、 境内成员企业从境外直接获得的经常项目外汇收入;

2. transfers from the current account related foreign exchange accounts, capital accounts, asset realisation accounts, dedicated reinvestment accounts and foreign debt accounts of member enterprises in China;

2、 境内成员企业经常项目外汇账户、资本金账户、资产变现账户、再投资专用账户、外债账户划入;

3. foreign debts borrowed from abroad and the principal and interest from the repayment of loans extended to foreign parties falling within the specified limit transferred from the master international foreign exchange fund account;

3、 规定额度内由国际外汇资金主账户划入的从境外借入的外债和偿还的对外放款本息;

4. deposit of purchased foreign exchange (proceeds from the purchase of foreign exchange for payment to foreign parties on the current account and funds for the extension of loans to foreign parties or foreign exchange purchased for the repayment of foreign debts);

4、 购汇存入(经常项目项下对外支付购汇所得资金、对外放款或购汇偿还外债资金);

5. the principal and interest of wealth management products; and

5、 理财产品的本息;

6. other income as approved by SAFE,

6、 外汇局核准的其他收入。

If a multinational corporation has not opened a master international foreign exchange fund account, the scope of income of its master domestic foreign exchange fund account shall additionally include foreign debt proceeds borrowed from abroad and the principal and interest recovered from the extension of loans to foreign parties falling within the specified limit.

同一跨国公司未开立国际外汇资金主账户的,国内外汇资金主账户收入范围还包括规定额度内从境外借入的外债资金或者收回的对外放款本息。

The foreign exchange loans borrowed by a multinational corporation from domestic deposit taking financial institutions may not enter a master domestic foreign exchange fund account (unless the same is used to repay foreign debts, extend loans to foreign parties, etc.).

跨国公司向境内存款性金融机构借入的外汇贷款不得进入国内资金主账户(用于归还外债、对外放款等项下外汇贷款除外)。

(2) Scope of expenditures:

(二)支出范围

1. foreign exchange expenditures to parties abroad on the current account made by member enterprises in China;

1、 境内成员企业向境外的经常项目外汇支出;

2. transfers to the current account related foreign exchange accounts, capital accounts, asset realisation accounts, dedicated reinvestment accounts and foreign debt accounts of member enterprises in China;

2、 向境内成员企业经常项目外汇账户、资本金账户、资产变现账户、再投资专用账户、外债账户划出;

3. loans made to foreign parties, and the principal and interest for the repayment of foreign debts falling within the specified limit transferred to the master international foreign exchange fund account;

3、 规定额度内向国际外汇资金主账户划出的对外放款和偿还的外债本息;

4. settlement of foreign exchange;

4、 结汇;

5. outward transfer of the principal of wealth management products;

5、 理财产品本金划出;

6. payments into the foreign currency deposit reserve; and

6、 交纳外币存款准备金;

7. other expenditures as approved by SAFE.

7、 外汇局核准的其他支出。

If a multinational corporation has not opened a master international foreign exchange fund account, the scope of expenditures of its master domestic foreign exchange fund account shall additionally include loans extended to foreign parties and the principal and interest for the repayment of foreign debts falling within the specified limit.

同一跨国公司未开立国际外汇资金主账户的,国内外汇资金主账户支出范围还包括规定额度内对外放款和偿还的外债本息。

Article 17: The centralised foreign debt limit of a multinational corporation = the foreign debt limits of the member enterprises in China participating in the centralisation – amounts of registered medium and long-term debt contracts of the member enterprises in China participating in the centralisation – balance of the outstanding registered short-term debts of the member enterprises in China participating in the centralisation – the retained foreign debt limits of the member enterprises in China participating partially in the centralisation.

第十七条 跨国公司集中的外债额度=参与集中的境内成员企业外债额度- 参与集中的境内成员企业已登记中长期外债签约额-参与集中的境内成员企业已登记短期外债未偿余额-参与部分集中的境内成员企业保留的外债额度。

Article 18: The handling enterprise may centralise all of the foreign debt limits or a part of the foreign debt limits of the member enterprises.

第十八条 主办企业可以集中成员企业全部外债额度,也可以集中部分外债额度。

If the handling enterprise centralises all of the foreign debt limits, member enterprises may not take on foreign debts on their own from the date of submission of the application. If it centralises part of the foreign debt limits, the remaining foreign debt limits shall continue to be handled in accordance with current provisions on the administration of foreign debts. The specific administrative measures shall be verified by SAFE of the place where the handling enterprise is located and the other SAFEs that are involved and be formulated in concert with the handling enterprise and its bank. The SAFEs that are involved shall check the foreign debt figures against each other on a quarterly basis.

主办企业集中全部外债额度的,自递交申请之日起,成员企业不得自行举借外债。集中部分外债额度的,所余外债额度仍按照现行外债管理规定办理。具体管理办法由主办企业所在地外汇局与所涉外汇局核实后商主办企业及其开户银行制定,且所涉外汇局之间应按季度核对外债数据。

Article 19: The handling enterprise shall carry out foreign debt registration for the foreign exchange funds borrowed from abroad through the master international foreign exchange fund account. For foreign debt registration, reporting shall be carried out by creditor and by currency, that is to say that the liability to each offshore creditor in each currency shall be deemed one foreign debt of the enterprise. When handling matters relating to a foreign debt drawdown or repayment of principal and payment of interest thereon, the enterprise shall accurately carry out an international balance of payments filing and in the “SAFE approval document no./record filing form no./business no.” accurately fill in the appropriate business number. Within 15 working days after entering into a foreign debt contract and before the first instalment of the foreign debt proceeds are credited to the account, the handling enterprise shall carry out the procedures for registration of the execution of a contract with SAFE. Changes to the registration of a foreign debt shall be handled in accordance with existing provisions.

第十九条 主办企业通过国际外汇资金主账户从境外融入的外汇资金需办理外债登记。外债登记实行分债权人分币种填报,即企业对每个境外债权人的每个币种的负债视为一笔外债。企业在办理与外债提款、还本付息相关的业务时,应准确进行国际收支申报,并在“外汇局批件号/备案表号/业务编号”中准确填写相应的业务编号。主办企业应在签订外债合同后15个工作日内且在首笔外债资金入账前,到外汇局办理签约登记手续,外债变更登记按现行规定办理。

If a multinational corporation has not opened a master international foreign exchange fund account, foreign debt proceeds borrowed into the master domestic foreign exchange fund account shall be handled in accordance with the preceding paragraph within the specified limit.

同一跨国公司未开立国际外汇资金主账户的,国内外汇资金主账户借入外债资金,在规定额度内按前款规定办理。

Article 20: The extension of a loan to a foreign party by a multinational corporation shall be carried out in line with the current exchange control procedure. If the limit on loans extended to foreign parties is greater than 50% of the owners' equity of the member enterprises in China, the application may be made to the Branches. The Branches shall collectively discuss the matter and render a decision by the specified procedure.

第二十条 跨国公司对外放款,遵循现行外汇管理程序办理。对外放款额度超过境内成员企业所有者权益50%的,可以向分局申请。分局按规定程序集体讨论决定。

Article 21: The relevant procedures for a master domestic foreign exchange fund account and offshore receipt, payment, settlement and sale of foreign exchange on the current account, including centralised receipt and payment of foreign exchange and net settlement, shall be handled by the handling bank in accordance with principles such as “know your customer”, “understand the business” and “due diligence”. If the nature of the funds is unclear, the bank shall require the handling enterprise to provide the relevant documents. Payments to foreign parties in connection with items such as service trade shall continue to require submission of a tax record filing form in accordance with provisions.

第二十一条 国内外汇资金主账户与境外经常项目收付以及结售汇,包括集中收付汇和轧差净额结算等,由经办银行按照“了解客户”、“了解业务”、“尽职审查”等原则办理相关手续。对于资金性质不明确的,银行应当要求主办企业提供相关单证。服务贸易等项目对外支付仍需按规定提交税务备案表。

The bank and the handling enterprise shall each retain the relevant documents for five years for review purposes.

银行、主办企业应当分别留存相关单证5年备查。

Article 22: The settlement and sale of foreign exchange on the current account and in connection with direct investment, foreign debts and the extension of loans to foreign parties may be centrally handled through a master domestic foreign exchange fund account.

第二十二条 国内外汇资金主账户可集中办理经常项下、直接投资、外债和对外放款项下结售汇。

For the foreign exchange funds for foreign direct investment (including foreign exchange registered capital, funds in asset realisation accounts and funds in domestic reinvestment accounts) and foreign debt funds that are gathered by the enterprises into the handling enterprise's master domestic foreign exchange fund account, foreign exchange settlement procedures shall be carried out on a discretionary basis, the renminbi funds derived from the settlement shall be transferred into the corresponding dedicated renminbi deposit accounts (capital account—payment pending accounts with settled foreign exchange) of the handling enterprise and payment may be made directly, within the scopes of business of the member enterprises, after a genuineness review. The bank shall retain the relevant documents for five years for review purposes.

企业归集至主办企业的外商直接投资项下外汇资金(包括外汇资本金、资产变现账户资金和境内再投资账户资金)、外债资金在国内外汇资金主账户内按照意愿结汇方式办理结汇手续,结汇所得人民币资金划入主办企业对应开立的人民币专用存款账户(资本项目—结汇待支付账户),可在各成员企业经营范围内审核真实性后直接支付。银行留存相关单证5年备查。

The enterprise and its bank shall accurately submit the foreign exchange settlement and payment data to the relevant business information system of SAFE in a timely manner. The bank shall submit information on the opening and closing of dedicated renminbi deposit accounts, and receipt and payment balance information (the account nature code for the dedicated renminbi deposit accounts is 2113, and the description of the account nature is “capital account— settled foreign exchange payment pending account”) with reference to the requirements of Annex 4, Standards for the Collection of Foreign Exchange Account Data (Version 1.1), to the State Administration of Foreign Exchange, Circular on the Pilot Project for Capital Account Information Systems and the Submission of Relevant Data (Hui Fa [2012] No.60). The bank shall submit information on receipts and payments between dedicated renminbi deposit accounts and other domestic renminbi accounts, by way of domestic receipt and payment statements, with reference to the requirements of the State Administration of Foreign Exchange, Circular on Duly Carrying Out the Revision of the Preparatory Work for the Foreign-related Receipt and Payment Statements of Domestic Banks and the Submission of Relevant Information (Hui Fa [2011] No.49).

企业及开户银行应及时准确地报送结汇和支付数据至外汇局相关业务信息系统。银行应参照《国家外汇管理局关于资本项目信息系统试点及相关数据报送工作的通知》(汇发[2012]60号)附件4《外汇账户数据采集规范(1.1版)》的要求报送人民币专用存款账户的开关户及收支余信息,人民币专用存款账户的账户性质代码为2113,账户性质名称为“资本项目—结汇待支付账户”。银行应参照《国家外汇管理局关于做好调整境内银行涉外收付凭证及相关信息报送准备工作的通知》(汇发[2011]49号)的要求,通过境内收付款凭证,报送人民币专用存款账户与其他境内人民币账户之间的收付款信息。

The purpose of settled foreign exchange funds for foreign direct investment and foreign debt funds shall comply with current exchange control provisions and may not be used for the following purposes:

外商直接投资项下外汇资金和外债资金结汇用途应遵守现行外汇管理规定,不得用于以下用途:

(1) may not be directly or indirectly used for expenditures falling outside the enterprise's scope of business or the scope of the designated purpose of the foreign debt funds, or for expenditures that are prohibited by state laws or regulations;

(一) 不得直接或间接用于企业经营范围和外债资金指定用途范围之外或国家法律法规禁止的支出;

(2) unless otherwise provided in laws or regulations, may not be directly or indirectly used for investment in securities or derivatives;

(二) 除法律法规另有规定外,不得直接或间接用于证券和衍生产品投资;

(3) may not be directly or indirectly used for extending renminbi entrusted loans (unless permitted by the scope of business), repayment of inter-enterprise loans (including third party advances) or the repayment of bank renminbi loans that have been on lent to third parties; or

(三) 不得直接或间接用于发放人民币委托贷款(经营范围许可的除外)、偿还企业间借贷(含第三方垫款)以及偿还已转贷予第三方的银行人民币贷款;

(4) with the exception of foreign-invested real estate enterprises, may not be used for the payment of charges related to the purchase of real estate not for own use.

(四) 除外商投资房地产企业外,不得用于支付购买非自用房地产的相关费用。

If the handling enterprise is a finance company, the member enterprises may apply to carry out the settlement and sale of foreign exchange with the finance company or, alternatively, the handling enterprise may carry out the settlement and sale of foreign exchange with the bank in its own name. To carry out the settlement and sale of foreign exchange for the member enterprises, the finance company shall have the qualifications for the settlement and sale of foreign exchange, and shall submit data on the settlement and sale of foreign exchange to SAFE in accordance with provisions.

主办企业为财务公司的,成员企业可申请在财务公司办理上述结售汇业务,也可由主办企业以其名义在银行办理结售汇业务。财务公司为成员企业办理结售汇业务应当具备结售汇业务资格,并按规定向外汇局报送结售汇数据。

Article 23: The bank or finance company shall submit to SAFE information on the master international foreign exchange fund account(s) (code: 3600) and master domestic foreign exchange fund account(s) (code: 3601) in accordance with provisions.

第二十三条 开户银行或财务公司应按规定向外汇局报送国际外汇资金主账户(代码为“3600”)和国内外汇资金主账户(代码为“3601”)信息。

Article 24: Reporting of cross-border fund receipts and payments from/to master domestic and international foreign exchange fund accounts shall be carried out in accordance with the requirements in respect of reporting of international receipts and payments for cross-border receipts and payments of funds of the State Administration of Foreign Exchange, Circular on the Issuance of the Operational Rules for Statistical Reporting of International Receipts and Payments Through Financial Institutions (Hui Fa [2010] No.22). Reporting of fund receipts and payments between master domestic and international foreign exchange fund accounts and non-residents in China shall be carried out in accordance with the requirements in respect of transactions between residents in China and non-residents in China of the State Administration of Foreign Exchange, Circular on Clarifying and Revising Matters Relevant to Statistical Reporting of International Receipts and Payments (Hui Fa [2011] No.34). Reporting of international receipts and payments for centralised receipts and payments of foreign exchange and net settlement on the current account through a master domestic foreign exchange fund account shall be handled in accordance with Article 31 hereof.

第二十四条 国内、国际外汇资金主账户的跨境资金收付均应按照《国家外汇管理局关于印发<通过金融机构进行国际收支统计申报业务操作规程>的通知》(汇发[2010]22号)中关于跨境资金收付的国际收支申报要求进行申报。国内、国际外汇资金主账户与境内非居民间的资金收付,应按照《国家外汇管理局关于明确和调整国际收支统计申报有关事项的通知》(汇发[2011]34号)中关于境内居民与境内非居民间交易的要求进行申报。有关国内外汇资金主账户经常项目集中收付汇和轧差净额结算的国际收支申报执行本规定第三十一条。

Article 25: No reporting of international receipts and payments need be carried out for transfers of funds between a master domestic foreign exchange fund account and master international foreign exchange fund account, however, relevant data shall be submitted in accordance with the requirements in respect of the transfer of funds between persons resident in China of the State Administration of Foreign Exchange, Circular on Duly Carrying Out the Revision of the Preparatory Work for the Foreign-related Receipt and Payment Statements of Domestic Banks and the Submission of Relevant Information (Hui Fa [2011] No.49), the State Administration of Foreign Exchange, Circular on Initiating the Use of Foreign-related Receipt and Payment Statements of Domestic Banks and Clarifying the Requirements in Respect of the Submission of Data (Hui Fa [2012] No.42) and the State Administration of Foreign Exchange, Circular on the Issuance of the (Version 1.0) (Hui Fa [2014] No.18).

第二十五条 国内外汇资金主账户和国际外汇资金主账户之间的资金划转无需进行国际收支申报,但应按照《国家外汇管理局关于做好调整境内银行涉外收付凭证及相关信息报送准备工作的通知》(汇发[2011]49号)、《国家外汇管理局关于启用境内银行涉外收付凭证及明确有关数据报送要求的通知》(汇发[2012]42号)和《国家外汇管理局关于发布<金融机构外汇业务数据采集规范(1.0版)>的通知》(汇发[2014]18号)关于境内居民之间资金划转要求报送有关数据。

Article 26: If the handling enterprise is a finance company, it shall carry out reporting in accordance with the General Affairs Department of the State Administration of Foreign Exchange, Circular on Strengthening the Reporting of Foreign-related Assets and Liabilities and Profits and Losses of Financial Institutions and Upgrading the Submission System (Hui Zong Fa [2012] No.145) and the State Administration of Foreign Exchange, Circular on the Issuance of the (Hui Fa [2013] No.43). The funds of member enterprises outside China and funds borrowed from abroad that are centrally operated and managed through a master international foreign exchange fund account shall be reported as foreign liabilities of the handling enterprise.

第二十六条 主办企业为财务公司的,应按照《国家外汇管理局综合司关于加强金融机构对外资产负债和损益申报及升级报送系统的通知》(汇综发[2012]145号)和《国家外汇管理局关于印发〈对外金融资产负债及交易统计制度〉的通知》(汇发[2013]43号)的规定进行申报。其中,通过国际外汇资金主账户集中运营管理的境外成员企业资金或从境外借入资金均应申报为主办企业的对外负债。

Part Four: Administration of centralised receipt and payment of foreign exchange and net settlement on the current account

第四章 经常项目集中收付汇和轧差净额结算业务管理

Article 27: The term “centralised receipt and payment of foreign exchange” means the foreign exchange payments and receipts on the current account centrally carried out by the handling enterprise on behalf of the member enterprises in China through a master domestic foreign exchange fund account.

第二十七条 集中收付汇是指主办企业通过国内外汇资金主账户集中代理境内成员企业办理经常项目外汇收支。

The term “net settlement” is an operational method whereby the handling enterprise accounts for, through a master domestic foreign exchange fund account, the foreign exchange funds receivable and payable on the current account of the member enterprises inside and outside China and consolidates the foreign exchange receipt and payment transactions made during a certain period of time as a single foreign exchange transaction. In principle, net settlement shall be carried out not less than once each calendar month.

轧差净额结算是指主办企业通过国内外汇资金主账户集中核算其境内外成员企业经常项目项下外汇应收应付资金,合并一定时期内外汇收付交易为单笔外汇交易的操作方式。原则上每个自然月轧差净额结算不少于1次。

Article 28: When member enterprises in China carry out centralised receipt and payment of foreign exchange for trade in goods or net settlement for trade in goods, procedures for registration for the Directory of Enterprises with Foreign Exchange Receipts and Payments in Connection with Trade shall be carried out in accordance with provisions (unless the handling enterprise is a finance company), and carry out trade credit and trade financing reporting through the monitoring system for foreign exchange transactions of trade in goods (enterprise end) in a timely and accurate manner in accordance with provisions on exchange control in connection with trade in goods.

第二十八条 境内成员企业办理货物贸易集中收付汇或货物贸易轧差净额结算时,应按规定办理“贸易外汇收支企业名录”登记手续(主办企业为财务公司除外),并按货物贸易外汇管理规定及时、准确通过货物贸易外汇业务监测系统(企业端)进行贸易信贷、贸易融资等业务报告。

Article 29: The handling enterprise may, based on the true and lawful need of member enterprises in China to pay foreign exchange for imports, purchase foreign exchange in advance and deposit it in the master domestic foreign exchange fund account.

第二十九条 主办企业可以根据境内成员企业真实合法的进口付汇需求提前购汇存入国内外汇资金主账户。

Where the interval between a remittance return date and the original receipt or payment date is greater than 180 days, or if, due to special circumstances, return of remittance by the original route in accordance with regulations is not possible, the handling enterprise shall carry out procedures for registration of foreign exchange transactions in connection with trade in goods with SAFE, and provide a written application, the original income/expenditure reporting document, original import/export contract, remittance return contract, etc.

对于退汇日期与原收、付款日期间隔在180天(不含)以上或由于特殊情况无法按规定办理原路退汇的,主办企业应当到外汇局办理货物贸易外汇业务登记手续,并提供书面申请、原收入/支出申报单证、原进/出口合同、退汇合同等。

Article 30: If a matter that, pursuant to the Guidelines for Exchange Control in Connection with Trade in Goods and their Implementing Rules, is required to be carried out on the strength of a Form for Registration of Foreign Exchange Transactions in Connection with Trade in Goods makes a member enterprise in China ineligible to participate in centralised receipt and payment of foreign exchange and net settlement, it shall be handled in accordance with current provisions.

第三十条 境内成员企业按照《货物贸易外汇管理指引》及其实施细则规定,需凭《货物贸易外汇业务登记表》办理的业务不得参加集中收付汇和轧差净额结算,按现行规定办理。

Article 31: Reporting of international receipts and payments shall be carried out for centralised payments and receipts or net settlement on the current account in accordance with the following requirements:

第三十一条 办理经常项目集中收付款或轧差净额结算应按以下要求进行国际收支申报:

The handling enterprise shall carry out statistical reporting of international receipts and payments in respect of two types of figures. The first type is figures on centralised receipts and payments or on the actual receipts and payments of the handling enterprise when carrying out net settlement (Actual Receipt and Payment Figures); and the other type is the figures for each restored centralised receipt or payment or the original receipt and payment figures of each member enterprise before net settlement (Restored Figures).

主办企业应对两类数据进行国际收支统计申报。一类是集中收付款或轧差净额结算时主办企业的实际收付款数据(以下简称实际收付款数据);另一类是逐笔还原集中收付或轧差净额结算前各成员企业的原始收付款数据(以下简称还原数据)。

When the Actual Receipt and Payment Figures are not zero, the handling enterprise shall carry out reporting through the domestic bank with which it carried out the actual foreign receipt and payment transactions, and the domestic bank shall assign the actual receipt and payment information the transaction code 999999. When the Actual Receipt and Payment Figures are zero (net settlement is zero), the handling enterprise shall simulate a reporting figure settled as zero, complete an Application for Offshore Remittance, with the names of the payee and recipient both being that of the handling enterprise, the assigned transaction code 999998, the country as “China” and the other required fields filled in or noted “N/A” as the case may be. The domestic bank shall complete the submission of the actual figures by 12:00 noon on the first working day (T+1) after the date of the actual foreign receipt or payment (if net settlement is zero, the net settlement date or accounting settlement date) (T).

实际收付款数据不为零时,主办企业应通过办理实际对外收付款交易的境内银行进行申报,境内银行应将实际收付款信息交易编码标记为“999999”。实际收付款数据为零时(轧差净额结算为零),主办企业应虚拟一笔结算为零的申报数据,填写《境外汇款申请书》,收付款人名称均为主办企业,交易编码标记为“999998”,国别为“中国”,其他必输项可视情况填报或填写“N/A”(大写英文字母)。境内银行应在其实际对外收付款之日(轧差净额结算为零时为轧差结算日或会计结算日)(T)后的第1个工作日(T+1)中午12:00前,完成实际数据的报送工作。

For Restored Figures reporting, the handling enterprise shall confirm the Restored Figures reporting time (T) based on the date of the actual foreign receipt or payment (if net settlement is zero, the net settlement date or accounting settlement date) and, based on the complete receipt and complete payment principle, provide, in the name of the member enterprise in China, the underlying information and reporting information on the Restored Figures to the bank that handled or carried out the accounting treatment of the foreign receipt or payment so as to cause such information to at least include the information required for statistical reporting of international receipts and payments. The domestic bank shall complete submission of the underlying information of the Restored Figures by 12:00 noon on the first working day (T+1) after the aforementioned reporting time for the Restored Figures (T); and complete submission of the reporting information of the Restored Figures by 12:00 noon on the fifth working day (T+5).

对还原数据的申报,主办企业应按照实际对外收付款的日期(轧差净额结算为零时为轧差结算日或会计结算日)确认还原数据申报时点(T),并根据全收全支原则,以境内成员企业名义,向实际办理或记账处理对外收付款业务的银行提供还原数据的基础信息和申报信息,使其至少包括国际收支统计申报的所需信息。境内银行应在上述还原数据申报时点(T)后的第1个工作日(T+1)中午12:00前,完成还原数据基础信息的报送工作;第5个工作日(T+5)中午12:00前,完成还原数据申报信息的报送工作。

The report form number shall be assigned by the bank that handled the actual receipt or payment, and the transaction code shall be filled in based on the actual transaction nature. The domestic bank shall fill in the “Bank business number” of the Restored Figures as the reporting number for the corresponding actual foreign receipt and payment figures, so as to establish a one-to-one relationship between the centralised receipt and payment figures and the Restored Figures. The domestic bank shall provide such basic resources as a reporting channel for the handling enterprise, and shall be responsible for transmitting the underlying information and reporting information of the Restored Figures to SAFE.

申报单号码由发生实际收付款的银行编制、交易编码按照实际交易性质填报。境内银行应将还原数据的“银行业务编号”填写为所对应的对外实际收付数据的申报号码,以便建立集中收付数据与还原数据间的对应关系。境内银行应为主办企业提供申报渠道等基础条件,并负责将还原数据的基础信息和申报信息传送到外汇局。

Part Five: Oversight

第五章 监督管理

Article 32: A handling enterprise shall earnestly carry on matters in accordance with these Provisions and the record filing notice from SAFE. If a relevant particular changes in the course of carrying on the matters, record filing of the change shall be carried out with SAFE in a timely manner in accordance with requirements.

第三十二条 主办企业应认真按照本规定及外汇局备案通知书内容开展业务。业务开展期间,相关事项发生变更的,应按要求及时向外汇局变更备案。

A handling enterprise and the member enterprises shall report the nature of cross-border receipts and payments to the bank and carry out statistical reporting of international receipts and payments in strict accordance with provisions.

主办企业及成员企业应严格按规定向银行申报跨境资金收付性质,办理国际收支统计申报。

Article 33: The bank shall duly carry out the genuineness and compliance review of the centralised operation and management of foreign exchange funds of, and the materials submitted by, the multinational corporation; duly carry out the corresponding record filing of relevant changes in the multinational corporation's foreign exchange funds; and duly carry out the monitoring, review and limit administration of fund flows.

第三十三条 开户银行对跨国公司外汇资金集中运营管理业务及提交的材料,做好真实性和合规性审核;对其相关外汇资金变动,做好相应登记备案;对资金流动,做好监测、审核和额度管理。

Article 34: The bank shall completely and accurately submit information in a timely manner on accounts such as master domestic and international foreign exchange fund accounts and payment pending accounts with settled foreign exchange and reporting of international receipts and payments, domestic fund transfers, foreign exchange settlement and sale and other such data, review the business data submitted by enterprises and assist SAFE in duly carrying out offsite monitoring.

第三十四条 开户银行应按规定及时、完整、准确地报送国内、国际外汇资金主账户、结汇待支付账户等账户信息、国际收支申报、境内资金划转、结售汇等数据,审核企业报送的业务数据,协助外汇局做好非现场监测。

Article 35: A Branch shall take the following measures to ensure that the work associated with the centralised operation and management of foreign exchange funds is done in a steady and orderly manner and that policies are duly implemented:

第三十五条 分局应采取下列措施确保外汇资金集中运营管理工作平稳有序,政策落到实处:

(1) improving work mechanisms, making people accountable and submitting data in a timely and accurate manner: it shall designate a lead section or office and one work contact person responsible for reporting to the SAFE head office. During the year following the date of implementation of the Provisions, business details and relevant statistical statements shall be reported to the SAFE head office in SAFE document issuance format by the tenth of each month; and basic information, such as the list of enterprises in its jurisdiction for which centralised operation and management of funds is handled, shall additionally be reported each quarter. After the lapse of one year, statistical statements shall be reported each month in the name of the general affairs office; basic information, such as the list of enterprises in its jurisdiction for which centralised operation and management of funds is handled, shall be reported each quarter; and business details shall be reported each half year (see Annexes 2-5 for the relevant statements).

(一) 完善工作机制,责任到人,及时准确报送数据。指定牵头处室并1名工作联系人负责向总局报告。《规定》实施之日起一年内,每月10日前以局发文形式向总局报告业务情况及相关统计报表;每季度一并报告辖内办理资金集中运营管理企业名单等基本情况。一年后,以综合部门名义每月报告统计报表;每季度报告辖内办理资金集中运营管理企业名单等基本情况;每半年报告业务情况(有关报表见附2-5)。

(2) Strengthening of offsite monitoring and on-the-spot verification and inspection: existing exchange control systems, such as the cross-border fund flow monitoring and analysis platform, shall be fully utilised to establish a multinational corporation list function to comprehensively analyse figures and data on the foreign exchange income and expenditures of master international and domestic foreign exchange fund accounts, settlement and sale of foreign exchange, fund transfers, centralised receipts and payments of foreign exchange and net settlement.

(二) 强化非现场监测与现场核查检查。充分利用跨境资金流动监测与分析平台等现有外汇管理系统,建立跨国公司名单功能设置,全面分析国际、国内资金主账户外汇收支、结售汇、资金划转、集中收付汇和轧差结算等数据信息。

(3) Due carrying out of bank and enterprise risk warning and window guidance work: effective measures shall be taken to satisfy enterprises' requirements so as to gradually give rise to a reasonable cross-border bidirectional fund flow scenario. The establishment of operational rules and internal control systems by banks shall be procured, and the necessary technical service assurances shall be provided. When necessary, a handling enterprise may be required to carry out an audit of the compliance, etc. of its centralised foreign exchange fund operation and management operations.

(三) 做好银行和企业风险提示和窗口指导工作。采取有效措施满足企业需求,逐步形成合理的跨境资金双向流动格局。督促银行建立操作规程和内控制度,提供必要的技术服务保障。必要时,可要求主办企业对外汇资金集中运营管理业务的合规性等进行审计。

(4) Detailed access conditions and other such operational rules based on these Provisions and actual local conditions shall be formulated and implemented after record filing thereof with SAFE head office in accordance with the procedure.

(四) 根据本规定及当地实际情况,制定细化准入条件等操作规程,按程序向总局备案后实施。

Article 36: If an irregularity or a violation of regulations by an enterprise occurs, the Branch shall suspend or cancel the handling of matters falling within the scope hereof, and impose administrative penalties in accordance with relevant regulations such as the Exchange Control Regulations. If a bank commits a violation of regulations, such as a violation of the genuineness review provisions such as “know your customer”, “understand the business” and “due diligence”, its handling of the various matters falling within the scope hereof shall be cancelled and administrative penalties shall be imposed in accordance with relevant regulations such as the Exchange Control Regulations.

第三十六条 企业发生异常情况及违规行为,分局应暂停或取消办理本规定范围内的各项业务,根据《外汇管理条例》等相关法规进行行政处罚;开户银行发生违反“了解客户”、“了解业务”、“尽职审查”真实性审核规定等违规行为,应取消办理本规定范围内各项业务,根据《外汇管理条例》等相关法规进行行政处罚。

Part Six: Supplementary provisions

第六章 附则

Article 37: For the purposes of these Regulations, the term “multinational corporation” means an enterprise legal person consortium that is bonded by capital links and that is comprised of a parent company, subsidiaries and other member enterprises or organisations (does not include financial institutions other than finance companies).

第三十七条 本规定所称跨国公司是以资本联结为纽带,由母公司、子公司及其他成员企业或机构共同组成的企业法人联合体(不含财务公司以外的金融机构)。

The term “member enterprise” means one of the companies with independent legal person status in a multinational corporation where there is an internal direct or indirect cross-holding of shares between them. Member enterprises are divided into member enterprises in China and member enterprises outside China.

成员企业,是指跨国公司内部相互直接或间接持股的、具有独立法人资格的各家公司,分为境内成员企业和境外成员企业。

The term “handling enterprise” means a multinational corporation or a company in China with independent legal person status authorised by the multinational corporation that performs duties such as entity business applications, record filings, implementation, data submission and reporting of circumstances. If a handling enterprise is a finance company, its cross-border fund transactions shall comply with the provisions of the industry administrative department.

主办企业,是指履行主体业务申请、备案、实施、数据报送、情况反馈等职责的跨国公司或取得跨国公司授权且具有独立法人资格的一家境内公司。主办企业为财务公司的,其从事跨境资金交易应遵守行业管理部门的规定。

For the purposes of the second paragraph of Article 3 hereof, the term “domestic foreign exchange account of an offshore organisation” includes NRA accounts (non-resident accounts) opened with a domestic bank by an offshore organisation and OSA accounts (offshore accounts) opened with the business office of an offshore bank that has secured offshore banking business qualifications.

本规定第三条第二款所称境外机构境内外汇账户包括境外机构在境内银行开立的NRA账户(Non-resident Account)以及在取得离岸银行业务资格的离岸银行业务部开立的OSA账户(Offshore Account)。

Article 38: An enterprise group that satisfies conditions such as having sound internal control systems, foreign exchange receipts and payments exceeding US$100 million during the previous year and no major violations of foreign exchange regulations during the past three years may, based on the realities of its business, apply to independently open a master domestic foreign exchange fund account and carry out net settlement on the current account, have document review simplified in accordance with Article 21 hereof and carry out procedures for the settlement of foreign exchange in accordance with the second and third paragraphs of Article 22 hereof, etc.; or independently open a master international foreign exchange fund account to centrally manage offshore funds.

第三十八条 单一企业集团符合内控制度完善、上年度外汇收支规模超过1亿美元、最近三年无重大外汇违规行为等条件的,可以根据业务实际,申请单独开立国内外汇资金主账户,办理经常项目轧差净额结算业务,以及按照本规定第二十一条简化单证审核、第二十二条第二、三款办理结汇手续等;或者单独开立国际资金主账户,集中管理境外资金。

Entrusted loans under the centralised fund operation and management framework of a multinational corporation shall comply with relevant provisions on the administration of domestic foreign exchange loans, and relevant matters shall not require the opening of an entity foreign exchange account to carry out the same; funds may be transferred directly between member enterprises without first transferring the same to a master domestic foreign exchange fund account and then further transferring the same to the member enterprise in question.

跨国公司资金集中运营管理框架下委托贷款,应遵守有关境内外汇贷款管理规定,无需开立并通过实体外汇账户办理相关业务;成员企业之间可直接划转资金,无需先上划至国内外汇资金主账户,再下划至成员企业。

Article 39: SAFE may gradually improve policies based on state macro control policies, the state of foreign exchange receipts and payments and the state of the handling of matters.

第三十九条 外汇局可根据国家宏观调控政策、外汇收支形势及业务开展情况,逐步完善和改进政策内容。

Article 40: These Provisions shall be effective as of June 1 2014. The State Administration of Foreign Exchange shall be in charge of interpreting these Provisions. The General Affairs Department of the State Administration of Foreign Exchange, Circular on Issues Relevant to the Submission of Data on the Centralised Receipts and Payments of Multinational Corporations (Hui Zong Fa [2013] No.47) shall be repealed simultaneously. Multinational corporations that previously secured the approval of SAFE to carry on centralised operation and management of foreign exchange funds may continue to be governed by the original framework and policies for the centralised operation and management of funds or, alternatively, may provide revised business requirements and other such materials (materials that have already been provided need not be provided again) so as to be governed by these Provisions after record filing with the Branch.

第四十条 本规定自2014年6月1日起实施,由国家外汇管理局负责解释。《国家外汇管理局综合司关于跨国公司集中收付业务数据报送相关问题的通知》(汇综发[2013]47号)同时废止。经外汇局批准已开展外汇资金集中运营管理的跨国公司,可以继续适用原来资金集中运营管理框架和政策,也可以提供变更后的业务需求等材料(已经提供的材料无需提供),向分局备案后适用本规定。

clp reference:3810/14.04.18 prc reference:汇发 [2014] 23号 issued:2014-04-18 effective:2014-06-01

(Issued by the State Administration of Foreign Exchange on April 18 2014 and effective as of June 1 2014.)

Hui Fa [2014] No.23

Part One: General provisions

Article 1: These Provisions have been formulated in order to make trade and investment more convenient and serve the real economy.

Article 2: A multinational corporation may, as required for its business, open a master domestic foreign exchange fund account with a bank in the place where it is located to centrally operate and manage the foreign exchange funds of its member enterprises in China. It may additionally carry out matters such as centralised receipt and payment of foreign exchange on the current account and net settlement.

Article 3: A multinational corporation may, as required for its business, open a master international foreign exchange fund account with a bank in the place where it is located to centrally operate and manage the funds of its member enterprises outside China and foreign debt proceeds borrowed from other offshore organisations.

There shall be freedom of movement between master international foreign exchange fund accounts and with the domestic foreign exchange accounts of offshore organisations and offshore funds. The funds in a master international foreign exchange fund account shall not count toward an enterprise's foreign debt limit, but foreign debt registration shall be carried out therefor in accordance with provisions.

Of the deposits attracted by a domestic bank through master international foreign exchange fund accounts, up to 10% of the limit thereon may be applied domestically; where such a deposit is counted toward the short-term foreign debt balance limit, the portion thereof above 10% may be applied domestically.

Article 4: The net borrowing volume between a master domestic foreign exchange account and master international foreign exchange fund account may not exceed the centralised foreign debt limit of the member enterprises in China and the net lending volume may not exceed the centralised limit on the extension of loans to foreign parties of the member enterprises in China.

Article 5: A multinational corporation may, as required for its business, open both a master domestic and a master international foreign exchange fund account, or opt to open only one of them.

If it opts to open both a master domestic and a master international foreign exchange fund account, the funds lent or borrowed in connection with foreign debts and the extension of loans to foreign parties shall be handled through the master international foreign exchange fund account. If it only opens a master domestic foreign exchange fund account, the funds lent or borrowed in connection with foreign debts and the extension of loans to foreign parties may directly enter or leave the master domestic foreign exchange fund account from or to abroad within the limit specified in Article 4. If it only opens a master international foreign exchange fund account, foreign debts and loans extended to foreign parties shall be handled through such account.

The multinational corporation and bank shall duly control the limits and ensure that the funds lent or borrowed in connection with foreign debts and the extension of loans to foreign parties do not exceed the specified limits at any point in time.

Article 6: The bank shall be one that has a B grade or above in the annual assessments of implementation of exchange control provisions during the last three years. In principle, a handling enterprise shall select not more than three domestic banks with foreign exchange settlement and sale business qualifications as its banks for handling centralised fund operation and management, and such banks shall carry out the operation and management of relevant account transactions in accordance herewith.

If a bank's assessment grade falls below B after commencing to handle centralised fund operation and management business, it may continue to handle its original relevant business.

Part Two: Business record filing

Article 7: A multinational corporation that satisfies the following conditions may, as required for its business, open (a) master domestic and/or international foreign exchange fund account(s):

(1) has a genuine business need therefor;

(2) has sound foreign exchange fund management framework and internal controls;

(3) has established the appropriate internal electronic management system;

(4) its foreign exchange receipts and payments during the previous year exceeded US$100 million (counting together its member enterprises in China that are participating in the centralised operation and management of foreign exchange funds);

(5) has not committed a major violation of foreign exchange laws or regulations during the last three years (or for an enterprise that has been established for less than three years, since the date of its establishment); for an enterprise on the Directory of Enterprises with Foreign Exchange Receipts and Payments in Connection with Trade, it shall have a goods trade classification grade of A; and

(6) other prudential regulatory conditions as specified by the State Administration of Foreign Exchange (SAFE).

Article 8: A handling enterprise wishing to open (a) master domestic and/or international foreign exchange fund account(s) shall carry out record filing with the branch or office of SAFE (the Branch) of the place where it is located and submit the following materials:

(1) a record filing application, that includes the multinational corporation's basic particulars and business need; the basic particulars of the handling enterprise, the list of participating enterprises and their equity structure; and the multinational corporation's letter authorising the handling enterprise; if centralised receipt and payment of foreign exchange funds on the current account and net settlement are selected, a table explaining the list of participating member enterprises both inside and outside China shall additionally be drawn up, which shall include their names, organisation codes and places of registration;

(2) relevant supporting documentation: including the business licences of the handling enterprise and of the member enterprises in China bearing the official seal of the handling enterprise; financial business permits and approval documents for the scopes of business (to be provided by a finance company); member enterprises outside China are only required to provide their proof of registration;

(3) the business model, operational procedure, internal controls, organisational structure, system construction, risk control measures, means of data monitoring and technical service assurance plan jointly formulated by the enterprise and its bank; a signed Letter of Confirmation of Handling of the Centralised Foreign Exchange Fund Operation and Management Business of a Multinational Corporation (Annex 1); if two or more banks are selected, the specific allocation of the centralised limits for foreign debts and the extension of loans to foreign parties between each bank shall be specified; and

(4) other materials that SAFE requires be provided.

Article 9: When the handling enterprise initially applies for a centralised foreign debt limit, it shall submit the following materials:

(1) a written application, with a table drawn up to detail the names, organisation codes and places of registration of the member enterprises participating in the centralised foreign debt limit, the portion of the foreign debt limit that each member enterprise may use, the amount of registered foreign debt contracts, the drawdown amounts and the centralised foreign debt limit; and

(2) the remaining available borrowing limit of the member enterprises participating in the centralised or partial centralised foreign debt limit found in a foreign debt search of the capital account information system, a list of their registered foreign debt contracts and the printing interface for table information from a foreign debt line search.

Special sensitive industries may not participate and share in the consolidated foreign debt limit.

Article 10: SAFE shall complete the record filing procedures and issue a record filing notice within 20 working days from the date of receipt of the complete set of the record filing application documents submitted by the handling enterprise. The record filing notice shall specify the lending and borrowing limits for foreign debts and loans extended to foreign parties.

Article 11: If the handling enterprise is a finance company, it shall comply with the provisions of the competent industry department and manage the multinational corporation's centralised foreign exchange fund operation and management business and other businesses (including its own asset/liability businesses) in separate accounts.

Article 12: If, during the period of handling the business, there is a change in the bank, handling enterprise or a member enterprise, record filing of the change shall be carried out with the Branch one month in advance.

If there is a change in the bank, the following materials shall be submitted:

(1) an application for a change in the bank, mainly including the reason for the change in the bank, the proposed new bank and the method of dealing with the balance(s) in the original account(s);

(2) the business model, operational procedure, internal controls, organisational structure, system construction, risk control measures, means of data monitoring, technical service assurance plan, etc. of the proposed new bank;

(3) the statement of the balance(s) in the original account(s) bearing the official business stamp of the bank;

(4) the signed Letter of Confirmation of Handling of the Centralised Foreign Exchange Fund Operation and Management Business of a Multinational Corporation; and

(5) other materials as requested by SAFE.

For a change in the foreign debt limit and limit on loans extended to foreign parties or the type of business of a member enterprise or the handling enterprise, in addition to submitting materials with reference to Articles 8 and 9, a photocopy of the record filing notice shall be submitted.

Article 13: If the goods trade classification of the handling enterprise falls to grade B or C, SAFE will, depending on the severity of the violation of regulations, notify the multinational corporation to change its handling enterprise and submit the application materials anew, or SAFE will cancel its handling enterprise qualifications. If the goods trade classification of an enterprise member falls to grade B or C, the handling enterprise shall terminate its participation and carry out the record filing of a change in member enterprise with SAFE.

Article 14: If the handling enterprise commits a violation of foreign exchange regulations, its handling enterprise qualifications shall be cancelled from the date on which the penalties enter into effect. If a member enterprise commits a violation of foreign exchange regulations, its qualifications to participate in the business shall be cancelled from the date on which the penalties enter into effect.

Part Three: Management of master domestic and international foreign exchange fund accounts

Article 15: The handling enterprise shall open (a) master domestic and/or international foreign exchange fund account(s) with a bank on the strength of the record filing notice. Master domestic and international foreign exchange fund accounts may be multiple currency accounts, with intraday and overnight overdrafts permitted therein; overdraft funds may be used only for payments to foreign parties, and once foreign exchange funds are received, they shall be used to repay the overdraft on a priority basis. Depending on business needs, sub-accounts may be opened under a master account.

There shall be no limits on the number of master domestic foreign exchange fund accounts and master international foreign exchange accounts that can be opened, provided that the requirements of prudential regulation are complied with.

Article 16: Scope of income and expenditures of master domestic foreign exchange fund accounts.

(1) Scope of income:

1. foreign exchange income on the current account received directly from abroad by member enterprises in China;

2. transfers from the current account related foreign exchange accounts, capital accounts, asset realisation accounts, dedicated reinvestment accounts and foreign debt accounts of member enterprises in China;

3. foreign debts borrowed from abroad and the principal and interest from the repayment of loans extended to foreign parties falling within the specified limit transferred from the master international foreign exchange fund account;

4. deposit of purchased foreign exchange (proceeds from the purchase of foreign exchange for payment to foreign parties on the current account and funds for the extension of loans to foreign parties or foreign exchange purchased for the repayment of foreign debts);

5. the principal and interest of wealth management products; and

6. other income as approved by SAFE,

If a multinational corporation has not opened a master international foreign exchange fund account, the scope of income of its master domestic foreign exchange fund account shall additionally include foreign debt proceeds borrowed from abroad and the principal and interest recovered from the extension of loans to foreign parties falling within the specified limit.

The foreign exchange loans borrowed by a multinational corporation from domestic deposit taking financial institutions may not enter a master domestic foreign exchange fund account (unless the same is used to repay foreign debts, extend loans to foreign parties, etc.).

(2) Scope of expenditures:

1. foreign exchange expenditures to parties abroad on the current account made by member enterprises in China;

2. transfers to the current account related foreign exchange accounts, capital accounts, asset realisation accounts, dedicated reinvestment accounts and foreign debt accounts of member enterprises in China;

3. loans made to foreign parties, and the principal and interest for the repayment of foreign debts falling within the specified limit transferred to the master international foreign exchange fund account;

4. settlement of foreign exchange;

5. outward transfer of the principal of wealth management products;

6. payments into the foreign currency deposit reserve; and

7. other expenditures as approved by SAFE.

If a multinational corporation has not opened a master international foreign exchange fund account, the scope of expenditures of its master domestic foreign exchange fund account shall additionally include loans extended to foreign parties and the principal and interest for the repayment of foreign debts falling within the specified limit.

Article 17: The centralised foreign debt limit of a multinational corporation = the foreign debt limits of the member enterprises in China participating in the centralisation – amounts of registered medium and long-term debt contracts of the member enterprises in China participating in the centralisation – balance of the outstanding registered short-term debts of the member enterprises in China participating in the centralisation – the retained foreign debt limits of the member enterprises in China participating partially in the centralisation.

Article 18: The handling enterprise may centralise all of the foreign debt limits or a part of the foreign debt limits of the member enterprises.

If the handling enterprise centralises all of the foreign debt limits, member enterprises may not take on foreign debts on their own from the date of submission of the application. If it centralises part of the foreign debt limits, the remaining foreign debt limits shall continue to be handled in accordance with current provisions on the administration of foreign debts. The specific administrative measures shall be verified by SAFE of the place where the handling enterprise is located and the other SAFEs that are involved and be formulated in concert with the handling enterprise and its bank. The SAFEs that are involved shall check the foreign debt figures against each other on a quarterly basis.

Article 19: The handling enterprise shall carry out foreign debt registration for the foreign exchange funds borrowed from abroad through the master international foreign exchange fund account. For foreign debt registration, reporting shall be carried out by creditor and by currency, that is to say that the liability to each offshore creditor in each currency shall be deemed one foreign debt of the enterprise. When handling matters relating to a foreign debt drawdown or repayment of principal and payment of interest thereon, the enterprise shall accurately carry out an international balance of payments filing and in the “SAFE approval document no./record filing form no./business no.” accurately fill in the appropriate business number. Within 15 working days after entering into a foreign debt contract and before the first instalment of the foreign debt proceeds are credited to the account, the handling enterprise shall carry out the procedures for registration of the execution of a contract with SAFE. Changes to the registration of a foreign debt shall be handled in accordance with existing provisions.

If a multinational corporation has not opened a master international foreign exchange fund account, foreign debt proceeds borrowed into the master domestic foreign exchange fund account shall be handled in accordance with the preceding paragraph within the specified limit.

Article 20: The extension of a loan to a foreign party by a multinational corporation shall be carried out in line with the current exchange control procedure. If the limit on loans extended to foreign parties is greater than 50% of the owners' equity of the member enterprises in China, the application may be made to the Branches. The Branches shall collectively discuss the matter and render a decision by the specified procedure.

Article 21: The relevant procedures for a master domestic foreign exchange fund account and offshore receipt, payment, settlement and sale of foreign exchange on the current account, including centralised receipt and payment of foreign exchange and net settlement, shall be handled by the handling bank in accordance with principles such as “know your customer”, “understand the business” and “due diligence”. If the nature of the funds is unclear, the bank shall require the handling enterprise to provide the relevant documents. Payments to foreign parties in connection with items such as service trade shall continue to require submission of a tax record filing form in accordance with provisions.

The bank and the handling enterprise shall each retain the relevant documents for five years for review purposes.

Article 22: The settlement and sale of foreign exchange on the current account and in connection with direct investment, foreign debts and the extension of loans to foreign parties may be centrally handled through a master domestic foreign exchange fund account.

For the foreign exchange funds for foreign direct investment (including foreign exchange registered capital, funds in asset realisation accounts and funds in domestic reinvestment accounts) and foreign debt funds that are gathered by the enterprises into the handling enterprise's master domestic foreign exchange fund account, foreign exchange settlement procedures shall be carried out on a discretionary basis, the renminbi funds derived from the settlement shall be transferred into the corresponding dedicated renminbi deposit accounts (capital account—payment pending accounts with settled foreign exchange) of the handling enterprise and payment may be made directly, within the scopes of business of the member enterprises, after a genuineness review. The bank shall retain the relevant documents for five years for review purposes.

The enterprise and its bank shall accurately submit the foreign exchange settlement and payment data to the relevant business information system of SAFE in a timely manner. The bank shall submit information on the opening and closing of dedicated renminbi deposit accounts, and receipt and payment balance information (the account nature code for the dedicated renminbi deposit accounts is 2113, and the description of the account nature is “capital account— settled foreign exchange payment pending account”) with reference to the requirements of Annex 4, Standards for the Collection of Foreign Exchange Account Data (Version 1.1), to the State Administration of Foreign Exchange, Circular on the Pilot Project for Capital Account Information Systems and the Submission of Relevant Data (Hui Fa [2012] No.60). The bank shall submit information on receipts and payments between dedicated renminbi deposit accounts and other domestic renminbi accounts, by way of domestic receipt and payment statements, with reference to the requirements of the State Administration of Foreign Exchange, Circular on Duly Carrying Out the Revision of the Preparatory Work for the Foreign-related Receipt and Payment Statements of Domestic Banks and the Submission of Relevant Information (Hui Fa [2011] No.49).

The purpose of settled foreign exchange funds for foreign direct investment and foreign debt funds shall comply with current exchange control provisions and may not be used for the following purposes:

(1) may not be directly or indirectly used for expenditures falling outside the enterprise's scope of business or the scope of the designated purpose of the foreign debt funds, or for expenditures that are prohibited by state laws or regulations;

(2) unless otherwise provided in laws or regulations, may not be directly or indirectly used for investment in securities or derivatives;

(3) may not be directly or indirectly used for extending renminbi entrusted loans (unless permitted by the scope of business), repayment of inter-enterprise loans (including third party advances) or the repayment of bank renminbi loans that have been on lent to third parties; or

(4) with the exception of foreign-invested real estate enterprises, may not be used for the payment of charges related to the purchase of real estate not for own use.

If the handling enterprise is a finance company, the member enterprises may apply to carry out the settlement and sale of foreign exchange with the finance company or, alternatively, the handling enterprise may carry out the settlement and sale of foreign exchange with the bank in its own name. To carry out the settlement and sale of foreign exchange for the member enterprises, the finance company shall have the qualifications for the settlement and sale of foreign exchange, and shall submit data on the settlement and sale of foreign exchange to SAFE in accordance with provisions.

Article 23: The bank or finance company shall submit to SAFE information on the master international foreign exchange fund account(s) (code: 3600) and master domestic foreign exchange fund account(s) (code: 3601) in accordance with provisions.

Article 24: Reporting of cross-border fund receipts and payments from/to master domestic and international foreign exchange fund accounts shall be carried out in accordance with the requirements in respect of reporting of international receipts and payments for cross-border receipts and payments of funds of the State Administration of Foreign Exchange, Circular on the Issuance of the Operational Rules for Statistical Reporting of International Receipts and Payments Through Financial Institutions (Hui Fa [2010] No.22). Reporting of fund receipts and payments between master domestic and international foreign exchange fund accounts and non-residents in China shall be carried out in accordance with the requirements in respect of transactions between residents in China and non-residents in China of the State Administration of Foreign Exchange, Circular on Clarifying and Revising Matters Relevant to Statistical Reporting of International Receipts and Payments (Hui Fa [2011] No.34). Reporting of international receipts and payments for centralised receipts and payments of foreign exchange and net settlement on the current account through a master domestic foreign exchange fund account shall be handled in accordance with Article 31 hereof.

Article 25: No reporting of international receipts and payments need be carried out for transfers of funds between a master domestic foreign exchange fund account and master international foreign exchange fund account, however, relevant data shall be submitted in accordance with the requirements in respect of the transfer of funds between persons resident in China of the State Administration of Foreign Exchange, Circular on Duly Carrying Out the Revision of the Preparatory Work for the Foreign-related Receipt and Payment Statements of Domestic Banks and the Submission of Relevant Information (Hui Fa [2011] No.49), the State Administration of Foreign Exchange, Circular on Initiating the Use of Foreign-related Receipt and Payment Statements of Domestic Banks and Clarifying the Requirements in Respect of the Submission of Data (Hui Fa [2012] No.42) and the State Administration of Foreign Exchange, Circular on the Issuance of the (Version 1.0) (Hui Fa [2014] No.18).

Article 26: If the handling enterprise is a finance company, it shall carry out reporting in accordance with the General Affairs Department of the State Administration of Foreign Exchange, Circular on Strengthening the Reporting of Foreign-related Assets and Liabilities and Profits and Losses of Financial Institutions and Upgrading the Submission System (Hui Zong Fa [2012] No.145) and the State Administration of Foreign Exchange, Circular on the Issuance of the (Hui Fa [2013] No.43). The funds of member enterprises outside China and funds borrowed from abroad that are centrally operated and managed through a master international foreign exchange fund account shall be reported as foreign liabilities of the handling enterprise.

Part Four: Administration of centralised receipt and payment of foreign exchange and net settlement on the current account

Article 27: The term “centralised receipt and payment of foreign exchange” means the foreign exchange payments and receipts on the current account centrally carried out by the handling enterprise on behalf of the member enterprises in China through a master domestic foreign exchange fund account.

The term “net settlement” is an operational method whereby the handling enterprise accounts for, through a master domestic foreign exchange fund account, the foreign exchange funds receivable and payable on the current account of the member enterprises inside and outside China and consolidates the foreign exchange receipt and payment transactions made during a certain period of time as a single foreign exchange transaction. In principle, net settlement shall be carried out not less than once each calendar month.

Article 28: When member enterprises in China carry out centralised receipt and payment of foreign exchange for trade in goods or net settlement for trade in goods, procedures for registration for the Directory of Enterprises with Foreign Exchange Receipts and Payments in Connection with Trade shall be carried out in accordance with provisions (unless the handling enterprise is a finance company), and carry out trade credit and trade financing reporting through the monitoring system for foreign exchange transactions of trade in goods (enterprise end) in a timely and accurate manner in accordance with provisions on exchange control in connection with trade in goods.

Article 29: The handling enterprise may, based on the true and lawful need of member enterprises in China to pay foreign exchange for imports, purchase foreign exchange in advance and deposit it in the master domestic foreign exchange fund account.

Where the interval between a remittance return date and the original receipt or payment date is greater than 180 days, or if, due to special circumstances, return of remittance by the original route in accordance with regulations is not possible, the handling enterprise shall carry out procedures for registration of foreign exchange transactions in connection with trade in goods with SAFE, and provide a written application, the original income/expenditure reporting document, original import/export contract, remittance return contract, etc.

Article 30: If a matter that, pursuant to the Guidelines for Exchange Control in Connection with Trade in Goods and their Implementing Rules, is required to be carried out on the strength of a Form for Registration of Foreign Exchange Transactions in Connection with Trade in Goods makes a member enterprise in China ineligible to participate in centralised receipt and payment of foreign exchange and net settlement, it shall be handled in accordance with current provisions.

Article 31: Reporting of international receipts and payments shall be carried out for centralised payments and receipts or net settlement on the current account in accordance with the following requirements:

The handling enterprise shall carry out statistical reporting of international receipts and payments in respect of two types of figures. The first type is figures on centralised receipts and payments or on the actual receipts and payments of the handling enterprise when carrying out net settlement (Actual Receipt and Payment Figures); and the other type is the figures for each restored centralised receipt or payment or the original receipt and payment figures of each member enterprise before net settlement (Restored Figures).

When the Actual Receipt and Payment Figures are not zero, the handling enterprise shall carry out reporting through the domestic bank with which it carried out the actual foreign receipt and payment transactions, and the domestic bank shall assign the actual receipt and payment information the transaction code 999999. When the Actual Receipt and Payment Figures are zero (net settlement is zero), the handling enterprise shall simulate a reporting figure settled as zero, complete an Application for Offshore Remittance, with the names of the payee and recipient both being that of the handling enterprise, the assigned transaction code 999998, the country as “China” and the other required fields filled in or noted “N/A” as the case may be. The domestic bank shall complete the submission of the actual figures by 12:00 noon on the first working day (T+1) after the date of the actual foreign receipt or payment (if net settlement is zero, the net settlement date or accounting settlement date) (T).

For Restored Figures reporting, the handling enterprise shall confirm the Restored Figures reporting time (T) based on the date of the actual foreign receipt or payment (if net settlement is zero, the net settlement date or accounting settlement date) and, based on the complete receipt and complete payment principle, provide, in the name of the member enterprise in China, the underlying information and reporting information on the Restored Figures to the bank that handled or carried out the accounting treatment of the foreign receipt or payment so as to cause such information to at least include the information required for statistical reporting of international receipts and payments. The domestic bank shall complete submission of the underlying information of the Restored Figures by 12:00 noon on the first working day (T+1) after the aforementioned reporting time for the Restored Figures (T); and complete submission of the reporting information of the Restored Figures by 12:00 noon on the fifth working day (T+5).

The report form number shall be assigned by the bank that handled the actual receipt or payment, and the transaction code shall be filled in based on the actual transaction nature. The domestic bank shall fill in the “Bank business number” of the Restored Figures as the reporting number for the corresponding actual foreign receipt and payment figures, so as to establish a one-to-one relationship between the centralised receipt and payment figures and the Restored Figures. The domestic bank shall provide such basic resources as a reporting channel for the handling enterprise, and shall be responsible for transmitting the underlying information and reporting information of the Restored Figures to SAFE.

Part Five: Oversight

Article 32: A handling enterprise shall earnestly carry on matters in accordance with these Provisions and the record filing notice from SAFE. If a relevant particular changes in the course of carrying on the matters, record filing of the change shall be carried out with SAFE in a timely manner in accordance with requirements.

A handling enterprise and the member enterprises shall report the nature of cross-border receipts and payments to the bank and carry out statistical reporting of international receipts and payments in strict accordance with provisions.

Article 33: The bank shall duly carry out the genuineness and compliance review of the centralised operation and management of foreign exchange funds of, and the materials submitted by, the multinational corporation; duly carry out the corresponding record filing of relevant changes in the multinational corporation's foreign exchange funds; and duly carry out the monitoring, review and limit administration of fund flows.

Article 34: The bank shall completely and accurately submit information in a timely manner on accounts such as master domestic and international foreign exchange fund accounts and payment pending accounts with settled foreign exchange and reporting of international receipts and payments, domestic fund transfers, foreign exchange settlement and sale and other such data, review the business data submitted by enterprises and assist SAFE in duly carrying out offsite monitoring.

Article 35: A Branch shall take the following measures to ensure that the work associated with the centralised operation and management of foreign exchange funds is done in a steady and orderly manner and that policies are duly implemented:

(1) improving work mechanisms, making people accountable and submitting data in a timely and accurate manner: it shall designate a lead section or office and one work contact person responsible for reporting to the SAFE head office. During the year following the date of implementation of the Provisions, business details and relevant statistical statements shall be reported to the SAFE head office in SAFE document issuance format by the tenth of each month; and basic information, such as the list of enterprises in its jurisdiction for which centralised operation and management of funds is handled, shall additionally be reported each quarter. After the lapse of one year, statistical statements shall be reported each month in the name of the general affairs office; basic information, such as the list of enterprises in its jurisdiction for which centralised operation and management of funds is handled, shall be reported each quarter; and business details shall be reported each half year (see Annexes 2-5 for the relevant statements).

(2) Strengthening of offsite monitoring and on-the-spot verification and inspection: existing exchange control systems, such as the cross-border fund flow monitoring and analysis platform, shall be fully utilised to establish a multinational corporation list function to comprehensively analyse figures and data on the foreign exchange income and expenditures of master international and domestic foreign exchange fund accounts, settlement and sale of foreign exchange, fund transfers, centralised receipts and payments of foreign exchange and net settlement.

(3) Due carrying out of bank and enterprise risk warning and window guidance work: effective measures shall be taken to satisfy enterprises' requirements so as to gradually give rise to a reasonable cross-border bidirectional fund flow scenario. The establishment of operational rules and internal control systems by banks shall be procured, and the necessary technical service assurances shall be provided. When necessary, a handling enterprise may be required to carry out an audit of the compliance, etc. of its centralised foreign exchange fund operation and management operations.

(4) Detailed access conditions and other such operational rules based on these Provisions and actual local conditions shall be formulated and implemented after record filing thereof with SAFE head office in accordance with the procedure.

Article 36: If an irregularity or a violation of regulations by an enterprise occurs, the Branch shall suspend or cancel the handling of matters falling within the scope hereof, and impose administrative penalties in accordance with relevant regulations such as the Exchange Control Regulations. If a bank commits a violation of regulations, such as a violation of the genuineness review provisions such as “know your customer”, “understand the business” and “due diligence”, its handling of the various matters falling within the scope hereof shall be cancelled and administrative penalties shall be imposed in accordance with relevant regulations such as the Exchange Control Regulations.

Part Six: Supplementary provisions

Article 37: For the purposes of these Regulations, the term “multinational corporation” means an enterprise legal person consortium that is bonded by capital links and that is comprised of a parent company, subsidiaries and other member enterprises or organisations (does not include financial institutions other than finance companies).

The term “member enterprise” means one of the companies with independent legal person status in a multinational corporation where there is an internal direct or indirect cross-holding of shares between them. Member enterprises are divided into member enterprises in China and member enterprises outside China.

The term “handling enterprise” means a multinational corporation or a company in China with independent legal person status authorised by the multinational corporation that performs duties such as entity business applications, record filings, implementation, data submission and reporting of circumstances. If a handling enterprise is a finance company, its cross-border fund transactions shall comply with the provisions of the industry administrative department.

For the purposes of the second paragraph of Article 3 hereof, the term “domestic foreign exchange account of an offshore organisation” includes NRA accounts (non-resident accounts) opened with a domestic bank by an offshore organisation and OSA accounts (offshore accounts) opened with the business office of an offshore bank that has secured offshore banking business qualifications.

Article 38: An enterprise group that satisfies conditions such as having sound internal control systems, foreign exchange receipts and payments exceeding US$100 million during the previous year and no major violations of foreign exchange regulations during the past three years may, based on the realities of its business, apply to independently open a master domestic foreign exchange fund account and carry out net settlement on the current account, have document review simplified in accordance with Article 21 hereof and carry out procedures for the settlement of foreign exchange in accordance with the second and third paragraphs of Article 22 hereof, etc.; or independently open a master international foreign exchange fund account to centrally manage offshore funds.

Entrusted loans under the centralised fund operation and management framework of a multinational corporation shall comply with relevant provisions on the administration of domestic foreign exchange loans, and relevant matters shall not require the opening of an entity foreign exchange account to carry out the same; funds may be transferred directly between member enterprises without first transferring the same to a master domestic foreign exchange fund account and then further transferring the same to the member enterprise in question.

Article 39: SAFE may gradually improve policies based on state macro control policies, the state of foreign exchange receipts and payments and the state of the handling of matters.

Article 40: These Provisions shall be effective as of June 1 2014. The State Administration of Foreign Exchange shall be in charge of interpreting these Provisions. The General Affairs Department of the State Administration of Foreign Exchange, Circular on Issues Relevant to the Submission of Data on the Centralised Receipts and Payments of Multinational Corporations (Hui Zong Fa [2013] No.47) shall be repealed simultaneously. Multinational corporations that previously secured the approval of SAFE to carry on centralised operation and management of foreign exchange funds may continue to be governed by the original framework and policies for the centralised operation and management of funds or, alternatively, may provide revised business requirements and other such materials (materials that have already been provided need not be provided again) so as to be governed by these Provisions after record filing with the Branch.

clp reference:3810/14.04.18 prc reference:汇发 [2014] 23号 issued:2014-04-18 effective:2014-06-01

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