Laws of the People's Republic of China

The People's Bank of China

Rules for the Implementation of the Businesses of Settlement and Sale of and Payment in Foreign Exchange of Foreign-capital Banks

the People's Bank of China

June 18, 1996

Chapter I General Provisions

Article 1

These Rules are formulated in accordance with the Regulations of the People's Republic of China on Administration of Financial Institutions with Foreign Investment and the Provisions on Administration of Settlement and Sale of and Payment in Foreign Exchange for the purposes of improving the system of foreign exchange settlements and sales and standardizing the activities of foreign exchange settlements, sales and payments of banks with foreign investment.

Article 2

Foreign-capital banks mentioned in these Rules refer to foreign capital banks, branches of foreign banks and Chinese-foreign equity joint banks within Chinese territory approved by the People's Bank of China and issued with a Licence to Engage in Foreign Exchange Business by the State Administration of Foreign Exchange.

Article 3

Renminbi special accounts for settlement and sale of foreign exchange mentioned in these Rules refer to Renminbi special accounts opened by foreign-capital banks in local branches of the People's Bank of China and used for conducting the business operations of settlement and sale of foreign exchange.

Article 4

Foreign-capital banks shall only be allowed to conduct such business operations as settlement and sale of and payment in foreign exchange of enterprises with foreign investment, settlements under loans of non enterprises with foreign investment and other business operations of settlement and sale of and payment in foreign exchange approved by the State Administration of Foreign Exchange, and shall implement the provisions of the Provisions on Administration of Settlement and Sale of and Payment in Foreign Exchange.

Chapter II Administration of Renminbi Special Accounts for Settlement and Sale of Foreign Exchange

Article 5

A foreign-capital bank may, upon the approval of a local branch of the People's Bank of China, open a Renminbi special account for settlement and sale of foreign exchange at the local branch of the People's Bank of China which is to be used for receiving and paying Renminbi in the business operations of settlement and sale of foreign exchange.

Article 6

A foreign-capital bank which is to open a Renminbi special account for settlement and sale of foreign exchange shall meet the following requirements:

(1)

It is authorized by the State Administration of Foreign Exchange to conduct import and export settlement operations;

(2)

It is a member of the China Transaction Center of Foreign Exchange after being approved by the China Transaction Center of Foreign Exchange and reported to the State Administration of Foreign Exchange for the record.

Article 7

A foreign-capital bank which is to open a Renminbi special account for settlement and sale of foreign exchange shall submit the following documents:

(1)

an application for opening a Renminbi special account for settlement and sale of foreign exchange;

(2)

the Licence to Engage in Foreign Exchange Business Operations issued by the State Administration of Foreign Exchange;

(3)

documents certifying the approval of its status as a member of the Foreign Exchange Transaction Center of China.

Article 8

A foreign-capital bank which is authorized to open a Renminbi special account for settlement and sale of foreign exchange may, by selling 20 per cent of its registered foreign exchange capital funds or operation funds through the foreign exchange transaction market among banks, buy Renminbi and have it deposited into the Renminbi special account for settlement and sale of foreign exchange as working capital funds.

Article 9

Foreign Exchange bureaus shall exercise balance control over Renminbi special accounts for settlement and sale of foreign exchange of foreign-capital banks. The daily capital balance of a Renminbi special account for settlement and sale of foreign exchange shall not exceed the verified amount without approval. The balance exceeding the verified amount shall be converted into foreign exchange through foreign exchange transactions among banks and shall not be lent in Renminbi. The State Administration of Foreign Exchange shall, depending on the conditions of the settlement and sale of foreign exchange of a foreign-capital bank, verify and adjust the balance of its Renminbi special account for settlement and sale of foreign exchange.

Article 10

Where a Renminbi special account for settlement and sale of foreign exchange is not enough to be settled due to the failure of transference of Renminbi funds, a Chinese-funded financial institution which signs a daily lending agreement on settlement and sale of foreign exchange with this foreign-capital bank and opens an account at the local branch of the People's Bank of China may, by asking a local financing intermediate institution engaged in inter-bank lending business to act as its agent, provide daily lending funds to the foreign-capital bank within a period of 48 hours so as to ensure the normal transactions.

Article 11

The scopes of revenues and expenditures of a Renminbi special account for settlement and sale of foreign exchange of a foreign-capital bank shall be as follows: Revenues: money in Renminbi derived from selling its foreign exchange capital funds or operation funds; money in Renminbi allocated into the account by clients for buying foreign exchange; money in Renminbi derived from the sale of foreign exchange through the foreign exchange market among banks. Expenditures: money in Renminbi due to clients for the settlement of foreign exchange; money in Renminbi for buying foreign exchange through the foreign exchange market among banks.

Article 12

Foreign-capital banks conducting the business operations of settlement and sale of foreign exchange shall participate in the "Renminbi bills clearance system in the same city" of the People's Bank of China so as to establish a network of allocation of Renminbi between foreign-capital banks and their clients and to conduct clearance of Renminbi funds.

Article 13

A foreign-capital bank participating in the "Renminbi bills clearance system in the same city" shall meet the following requirements:

(1) possessing staff members passing the examination of "Renminbi bills clearance in the same city";

(2) possessing an agreement on daily lending RMB for settlement and sale of foreign exchange signed with a Chinese-funded financial institution.

Article 14

Foreign-capital banks shall use Renminbi special payment vouchers of settlement and sale of foreign exchange uniformly printed and produced by the People's Bank of China to undertake the receipts and payments of funds in Renminbi special accounts of settlement and sale of foreign exchange, and shall not have the special vouchers used in any other businesses.

Article 15

Foreign-capital Banks shall use their Renminbi special accounts of settlement and sale of foreign exchange in accordance with the Measures for Administration of Bank Accounts (promulgated by the People's Bank of China on October 9,1994), and shall not use them for receiving or paying, depositing or transferring Renminbi for any other unit or individual, and shall not lease, lend or exchange these Renminbi special accounts.

Chapter III Supplementary Provisions

Article 16

Foreign-capital banks shall, in accordance with the Interim Measures for Administration of Verification of Import Payment of Foreign Exchange and other relevant provisions, undergo the relevant formalities of verification of import payment of foreign exchange for their clients and render cooperation in the work in relation to the verification of export collection of foreign exchange.

Article 17

For the purpose of avoiding the risks of foreign exchange rates by clients with forward trade contracts, foreign-capital banks may, upon approval, conduct the businesses of forward transactions between Renminbi and foreign exchange and other value-preservation business in accordance with the relevant provisions.

Article 18

Foreign-capital banks shall every day submit their Daily Statement of Renminbi Special Accounts Balance for Settlement and Sale of foreign exchange of Banks with Foreign Investment to the local branches of the State Administration of Foreign Exchange and the statements required by the State Administration of Foreign Exchange. When the daily balance of account funds exceeds the amount of a special account for settlement and sale of foreign exchange verified by the State Administration of Foreign Exchange, the bank shall report the matter to the foreign exchange bureau on its initial.

Article 19

The foreign exchange bureaus shall, in accordance with the provisions, supervise and examine the business operations of settlement and sale of and payment in foreign exchange and the uses of Renminbi special accounts for settlement and sale of foreign exchange by foreign-capital banks with foreign investment.

Article 20

Where the relevant provisions of these Rules are violated, the foreign exchange bureau may, in accordance with the Regulations of the People's Republic of China on Foreign Exchange Control, give a warning, issue a notice of criticism, impose a fine or have the business operations of settlement and sale of and payment in foreign exchange suspended.

Article 21

The State Administration of Foreign Exchange shall be responsible for the interpretation of these Rules.

Article 22

These Rules shall enter into force as of July 1, 1996. The Interim Provisions on Renminbi Special Accounts of Foreign-capital Banks shall be repealed simultaneously.