Laws of the People's Republic of China

    For purposes of punishing the criminal acts of purchase of foreign
currencies by deceitful means, foreign exchange evasion and illegal buying
and selling of foreign currencies and maintaining the order of state
foreign exchange control, the following supplementary revisions are
made in the Criminal Law:

    I.Whoever has any of the following circumstances, purchases foreign
currency of a relatively big amount by deceitful means shall be meted out
a set term of imprisonment of less than 5 years or labor under detention,
and imposed a fine of more than 5% less than 30% of the amount of
foreign currency purchased by deceitful means; where it constitutes
a great amount or has other serious circumstances, a set term of imprisonment of more than 5 years less than 10 years shall be imposed
and a fine of more than 5% less than 30% of the amount of foreign
currency purchased by deceitful means shall be imposed; where it
constitutes an extremely great amount or has other extremely serious
circumstances, a set term of imprisonment of more than 10 years or
life imprisonment shall be imposed, and a fine of more than 5% less
than 30% of the amount of foreign currency purchased by deceitful means
shall be concurrently imposed or properties confisticated:

    (1)whoever uses such vouchers and documents as forged or altered customs
declaration form(s) and import certificate(s) issued by the customs and
foreign exchange control department's approval decument(s);

    (2)whoever makes repetitive uses of such vouchers and documents as
declaration form(s) and import certificate(s) issued by the customs and
foreign exchange control department's approval document(s); and

    (3)whoever purchases foreign currency by deceitful means in other forms.

    Whoever forges or alters such vouchers and documents as declaration
form(s) and import certificate(s) issued by the customs and foreign
exchange control department's approval document(s) and uses it(them) in
the purchase of foreign currency by deceitful means shall be imposed heavy
penalty pursuant to the provisions of the preceding paragraph.

    Whoever provides the RMB capital knowingly for the purchase of foreign
currency by deceitful means shall be dealt with as an accomplice.

    In the case of any unit that commits crimes of the three preceding
paragraphs, the unit shall be imposed a fine pursuant to the provisions
of the First Paragraph, and its person-in-charge directly responsible
and other persons directly responsible shall be sentenced to a set term of imprisonment of less than 5 years or labor under detention; where it
constitutes a great amount and has other serious circumstances, a set term
of imprisonment of more than 5 years less than 10 years shall be imposed;
where it constitutes an extremely great amount and has other extremely
serious circumstances, a set term of imprisonment of more than 10 years or
life imprisonment shall be imposed.

    II.Whoever buys or sells such vouchers and documents as forged or
altered customs declaration forms, import certificates issued by the
customs and foreign exchange control department's approval documents
shall be convicted of the crime and imposed a penalty pursuant to the
provisions of Article 280 of the Criminal Law.

    III.Article 190 of the Criminal Law shall be revised to read as:
Any company, enterprise or other unit that deposits foreign currency
overseas without authorization, or illegally transfers the in-country
foreign currency overseas that constitutes a great amount in violation
of state provisions, the unit shall be imposed a fine of more than 5%
less than 30% of the amount of foreign exchange evasion, and its person-
in-charge directly responsible and other persons directly responsible
shall be sentenced to a set term of imprisonment of less than 5 years or
labor under detention; where it constitutes a great amount and has other
serious circumstances, the unit shall be imposed a fine of more than 5%
less than 30% of the amount of foreign exchange evasion, and its person-
in-charge directly responsible and other persons directly responsible
shall be imposed a set term of imprisonment of more than 5 years.

    IV.Whoever illegally buys or sells foreign currency outside trading
sites designated by the state disrupting market order and having serious
circumstances shall be convicted of the crime and imposed a penalty pursuant
to the provisions of Article 225 of the Criminal Law.

   Any unit that commits the crime of the preceding paragraph shall be
imposed a penalty pursuant to the provisions of Article 231 of the Criminal
Law.

    V.Staff members of the customs, foreign exchange control departments
as well as financial institutions, companies, enterprises or other units
engaging in foreign trade business operations who in collaboration with
the persons of acts of foreign currency purchase by deceitful means or
foreign exchange evasion, provide them with the relevant vouchers for
foreign currency purchase or other facilities, or sell foreign currency
or effect payment of foreign currency while fully aware that the vouchers
are forged or altered, shall be convicted as accomplices and imposed
heavy penalties in pursuance of this Decision.

    VI.Staff members of the customs and foreign exchange control departments
who are seriously irresponsible causing purchase of foreign currency by
deceitful means or foreign exchange evasion in a great amount resulting
in great losses of state interests shall be convicted of the crime and
imposed penalties pursuant to the provisions of Article 397 of the Criminal
Law.

    VII.Staff members of financial institutions, companies and enterprises
engaging in foreign trade business operations who are seriously irresponsible
causing purchase of foreign currency by deceitful means or foreign exchange
evasion in a great amount resulting in great losses of state interests shall
be convicted of the crime and imposed penalties pursuant to the provisions
of Article 167 of the Criminal Law.

    VIII.The properties and fines recovered retrospectively and confisticated
according to law for committing crimes prescribed in this Decision shall all
be handed over to the state treasury.

    IX.This Decision shall enter into force as of the date of promulgation.