外币代兑机构管理暂行办法 Order of the People's Bank of Chin
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中国人民银行令[2003]第6号

颁布日期:20031008  实施日期:20031101  颁布单位:中国人民银行

  [2003] No. 6

  The Interim1 Measures for the Administration of Foreign Currency Exchange Agencies, which were adopted at the 3rd executive meeting of the People' Bank of China on May 28th, 2003, are hereby promulgated2, and shall be implemented3 as of November 1st, 2003.

  Zhou Xiaochuan, Governor

  October 8th, 2003

  Interim Measures for the Administration of Foreign Currency Exchange Agencies

  Article 1 The present Measures are formulated4 in accordance with the Law of the People's Republic of China on the People's Bank of China, Regulations of the People's Republic of China on Foreign Exchange Administration, Regulations on Settlement and Sales of and Payment in Foreign Exchange, Interim Measures for Settlement and Sales of and Payment in Foreign Exchange by Designated Foreign Exchange Banks as well as other relevant provisions with a view to regulating the foreign exchange business of the foreign exchange agencies and safeguarding the market order.

  Article 2 The term “foreign currency exchange agencies” as mentioned in the present Measures refers to the domestic entities5 with legal person status (hereinafter referred to as “exchange agencies”) that have signed agreements with the domestic commercial banks or their branches (hereinafter referred to as “banks”) eligible6 for foreign currency exchange business (or settlement and sales of foreign exchange) and are authorized7 by banks to do foreign currency exchange business.

  Article 3 The foreign currency exchange business by the exchange agencies is limited to the exchange of banknotes and traveler's checks in convertible8 foreign currencies.

  When conducting foreign currency exchange business, the exchange agencies are limited to convert foreign currency banknotes or traveler's checks held by domestic resident individuals or non-resident individuals into RMB.

  Where a non-resident individual needs to convert his or her RMB holdings obtained from an exchange agency back into foreign currency, he or she needs to handle it with the bank that authorizes9 the exchange agency to conduct the currency exchange business for handling. The value of re-conversion10 is not allowed to exceed that of the previous conversion. Re-conversion shall be effected within 6 months as of the day of the initial conversion.

  Resident individuals are not permitted to convert the exchanged RMB back into foreign currencies.

  Article 4 The State Administration of Foreign Exchange (SAFE) and its branches shall make supervision11 over and regulation of the foreign currency exchange business conducted by the bank-authorized exchange agencies according to the laws and regulations.

  Article 5 The head offices of commercial banks shall establish uniform internal regulatory rules and risk management system for authorization12 of foreign currency exchange business.

  Authorizing13 banks shall, in accordance with its head office' regulatory rules and risk management system, establish regulatory rules and operational procedures. The contents shall include the following elements: regulation over foreign currency quotation14 of the exchange agencies; regulation over settlement of foreign currency exchange business; regulation over the application, use, invalidation, verification of foreign currency exchange receipts; risk management and cost-sharing of losses caused by currency exchanges; resolution of disputes; stipulation15 on currencies that can be exchanged; setting upper limits for RMB or foreign currency cash stock; and management of staff involved in foreign currency exchange business, etc.

  Article 6 The bank shall, when authorizing exchange agencies to conduct foreign currency exchange business, sign a written agreement with the exchange agencies on the authorization of foreign currency exchange business, which specifies16 the rights and obligations of both parties and the guidelines for disputes resolution. This written agreement shall contain the main contents of regulatory rules and operational procedures indicated in Article 5 and shall be filed in the local SAFE branch. The exchange agencies are not permitted to conduct foreign currency exchange business before the filing of the written agreement is confirmed.

  Article 7 When handling the formalities of filing, an authorizing bank shall submit the following materials:

  (1) Unified17 internal regulatory rules and risk management system for authorization of foreign currency exchange business formulated by its head office.

  (2) Application form of the exchange agency to conduct foreign currency exchange business.

  (3) Statement of basic information of the exchange agency.

  (4) Regulatory rules on authorizing foreign currency exchange business.

  (5) Written agreement signed on authorizing foreign currency exchange business.

  (6) Samples of foreign exchange sales statement and the seals used in the business.

  (7) Other materials required by the SAFE and its branch.

  The SAFE and its local branch shall issue a responding letter, within 30 days as of the day when such materials are received, to confirm or reject the filing. If the filing is rejected, the reason shall be explained in the aforesaid letter. The authorizing bank, which receives a letter from the Local SAFE branch rejecting the filing, shall not submit the same filing application for a second time within 6 months since the day when the responding letter is received.

  Article 8 The business venue19 of the exchange agencies for foreign currency exchange shall in principle be located in places with large flows of people, such as ports, airports, railway stations, piers20scenic21 spots, border entry areas, main commercial areas, and hotels eligible for receiving overseas guests.

  Article 9 Where an exchange agency conduct foreign currency exchange business, it shall conform to the following requirements:

  (1) Having the domestic corporate22 legal person status.

  (2) Having a permanent business venue.

  (3) Having at least 2 staff members to conduct foreign currency exchange business, who shall be trained by the authorizing bank, and eligible for such business.

  (4) Having equipment and related facilities that can receive accurate and timely quotation of foreign currencies from the authorizing bank.

  (5) Other conditions required by the authorizing bank.

  Article 10 An exchange agency is limited to sign the agreement on authorization of foreign currency exchange business with one bank located in the same city, and may not sign such agreements with multiple banks or with banks in other cities.

  An exchange agency may open multiple business venues23 for foreign currency exchange as agreed upon by the authorizing bank.

  Article 11 Where the authorizing bank terminates its agreement with the exchange agency on foreign currency exchange business, it shall file the termination with the Local SAFE branch within 10 days after the agreement is terminated.

  Article 12 An exchange agency shall hang its plate at its business venue, indicating “Foreign Currency Exchange Agency of (name of the authorizing bank)”。 The authorizing bank shall be responsible for providing and administering the format18 of such a plate.

  Article 13 The exchange agency shall conduct foreign exchange business according to the authorizing banks' rules on foreign currency quotation, and publish the quotation at an eye-catching position of its business venue.

  Article 14 Separate accounting24 shall be adopted for foreign currency exchange business of exchange agencies.

  Article 15 An exchange agency shall, when conducting foreign currency exchange business, use specified25 foreign currency exchange form and may not use any other forms instead. Such a form shall be provided and administering by the authorizing bank.

  The foreign currency exchange form shall contain, but not be limited to, the following information:

  Name of the customer; nationality of the customer; type of the ID certificate and the ID number; date of the exchange; type of foreign currency to be exchanged; value of the foreign currency and the RMB; and quotation of the foreign currency, etc.

  The copy of foreign currency exchange form kept by the exchange agency shall be signed by the customer and stamped by the responsible business processing staff to be validated26. When filling in the currency exchange form, the exchange agency shall autotype at least three copies. One copy shall be kept by the customer, while another one shall be kept by the authorizing bank and the last one shall be kept by the exchange agency for accounting purposes. The authorizing bank and exchange agency shall keep these forms for 5 years for the purpose of later check-up.

  Where the exchange agency converts foreign currency into RMB for domestic resident individuals, it shall indicate on the currency exchange form “exchange back into foreign currency not permitted”。

  Article 16 An exchange agency shall abide27 by the authorizing bank's rules for the storage, surrender and upper limit on the stock of foreign currency.

  The authorizing bank shall set an upper limit on the stock of foreign currency conducted by the exchange agency, and the limit may in principle not exceed USD10, 000 or the equivalent value of foreign currencies at the conclusion of each business day.

  Article 17 The authorizing bank is responsible for the training of staff in exchange agencies engaging in foreign currency exchange business.

  Staff of exchange agencies engaging in foreign currency exchange business shall possess the following conditions:

  (1) Capability28 of verifying foreign currency banknotes and traveler's checks.

  (2) Corresponding knowledge of the regulations on foreign exchange administration.

  (3) Other capabilities29 required by the internal control system of the authorizing bank.

  Article 18 The authorizing bank shall fulfill30 its obligations of statistical31 reporting and report the foreign currency exchange business of all its authorized exchange agencies on a consolidated32 basis, in accordance with the Measures for Reporting of International Balance of Payments Statistics, other relevant provisions, and the reporting requirements for commercial banks when conducting the business of settlement and sales of foreign exchange.

  Article 19 The authorizing bank shall see to it that the exchange agencies are conducting foreign currency exchange business according to the agreement signed between them. In the case of improper33 use of currency exchange forms and/or violation34 of rules on quotation of foreign currency or other regulations of the SAFE, the authorizing bank shall take corrective measures and report such violations35 to the local SAFE branch in good time.

  Article 20 Any authorizing bank and its exchange agencies is involved in any the following act, they shall be punished by the local SAFE branch:

  (1) Where an exchange agency opens foreign currency exchange business without filing the required application materials with the local SAFE branch, the authorizing bank and the foreign currency exchange agency shall be punished by the local SAFE branch according to Article 41 of the “Regulations of the People's Republic of China on Foreign Exchange Administration”。

  (2) Those setting quotation of foreign currency in violation of the relevant regulations on exchange rate shall be punished by the local SAFE branch according to Article 43 of the Regulations of the People's Republic of China of Foreign Exchange Administration.

  (3) Where an authorizing bank fails to make sure that the exchange agencies properly use the specified form to conduct foreign currency exchange business according to the provisions, it shall be punished by the local SAFE branch according to Article 42 of the Regulations of the People's Republic of China on Foreign Exchange Administration and Article 40 of the Interim Measures for Settlement and Sales of Foreign Exchange by Designated Foreign Exchange Banks.

  (4) Where an authorizing bank and its authorized exchange agencies are found in any other violation of foreign exchange administration, they shall be punished by the local SAFE branch in accordance with the relevant rules.

  Article 21 For a foreign currency exchange agency established before the present Measures come into force, its authorizing bank shall, according to the provisions of the present Measures, do the remedial filing formalities with the local SAFE branch within 2 months after the day they come into force.

  Article 22 The present Measures shall be implemented as of November 1, 2003.



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1 interim z5wxB     
adj.暂时的,临时的;n.间歇,过渡期间
参考例句:
  • The government is taking interim measures to help those in immediate need.政府正在采取临时措施帮助那些有立即需要的人。
  • It may turn out to be an interim technology.这可能只是个过渡技术。
2 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
3 implemented a0211e5272f6fc75ac06e2d62558aff0     
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效
参考例句:
  • This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
  • The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革,经济就面临崩溃的危险。 来自辞典例句
4 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
5 entities 07214c6750d983a32e0a33da225c4efd     
实体对像; 实体,独立存在体,实际存在物( entity的名词复数 )
参考例句:
  • Our newspaper and our printing business form separate corporate entities. 我们的报纸和印刷业形成相对独立的企业实体。
  • The North American continent is made up of three great structural entities. 北美大陆是由三个构造单元组成的。
6 eligible Cq6xL     
adj.有条件被选中的;(尤指婚姻等)合适(意)的
参考例句:
  • He is an eligible young man.他是一个合格的年轻人。
  • Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。
7 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
8 convertible aZUyK     
adj.可改变的,可交换,同意义的;n.有活动摺篷的汽车
参考例句:
  • The convertible sofa means that the apartment can sleep four.有了这张折叠沙发,公寓里可以睡下4个人。
  • That new white convertible is totally awesome.那辆新的白色折篷汽车简直棒极了。
9 authorizes 716083de28a1fe3e0ba0233e695bce8c     
授权,批准,委托( authorize的名词复数 )
参考例句:
  • The dictionary authorizes the two spellings 'traveler' and 'traveller'. 字典裁定traveler和traveller两种拼法都对。
  • The dictionary authorizes the two spellings "honor" and "honour.". 字典裁定 honor 及 honour 两种拼法均可。
10 conversion UZPyI     
n.转化,转换,转变
参考例句:
  • He underwent quite a conversion.他彻底变了。
  • Waste conversion is a part of the production process.废物处理是生产过程的一个组成部分。
11 supervision hr6wv     
n.监督,管理
参考例句:
  • The work was done under my supervision.这项工作是在我的监督之下完成的。
  • The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。
12 authorization wOxyV     
n.授权,委任状
参考例句:
  • Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。
  • You cannot take a day off without authorization.未经批准你不得休假。
13 authorizing d3373e44345179a7862c7a797d2bc127     
授权,批准,委托( authorize的现在分词 )
参考例句:
  • Letters of Marque: Take letters from a warning friendly power authorizing privateering. 私掠许可证:从某一个国家获得合法抢劫的证书。
  • Formal phavee completion does not include authorizing the subsequent phavee. 阶段的正式完成不包括核准随后的阶段。
14 quotation 7S6xV     
n.引文,引语,语录;报价,牌价,行情
参考例句:
  • He finished his speech with a quotation from Shakespeare.他讲话结束时引用了莎士比亚的语录。
  • The quotation is omitted here.此处引文从略。
15 stipulation FhryP     
n.契约,规定,条文;条款说明
参考例句:
  • There's no stipulation as to the amount you can invest. 没有关于投资额的规定。 来自《简明英汉词典》
  • The only stipulation the building society makes is that house must be insured. 建屋互助会作出的唯一规定是房屋必须保险。 来自《简明英汉词典》
16 specifies 65fd0845f2dc2c4c95f87401e025e974     
v.指定( specify的第三人称单数 );详述;提出…的条件;使具有特性
参考例句:
  • The third clause of the contract specifies steel sashes for the windows. 合同的第三款指定使用钢窗。 来自《简明英汉词典》
  • The contract specifies red tiles, not slates, for the roof. 合同规定屋顶用红瓦,并非石板瓦。 来自《现代汉英综合大词典》
17 unified 40b03ccf3c2da88cc503272d1de3441c     
(unify 的过去式和过去分词); 统一的; 统一标准的; 一元化的
参考例句:
  • The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。
  • The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。
18 format giJxb     
n.设计,版式;[计算机]格式,DOS命令:格式化(磁盘),用于空盘或使用过的磁盘建立新空盘来存储数据;v.使格式化,设计,安排
参考例句:
  • Please format this floppy disc.请将这张软盘格式化。
  • The format of the figure is very tasteful.该图表的格式很雅致。
19 venue ALkzr     
n.犯罪地点,审判地,管辖地,发生地点,集合地点
参考例句:
  • The hall provided a venue for weddings and other functions.大厅给婚礼和其他社会活动提供了场所。
  • The chosen venue caused great controversy among the people.人们就审判地点的问题产生了极大的争议。
20 piers 97df53049c0dee20e54484371e5e225c     
n.水上平台( pier的名词复数 );(常设有娱乐场所的)突堤;柱子;墙墩
参考例句:
  • Most road bridges have piers rising out of the vally. 很多公路桥的桥墩是从河谷里建造起来的。 来自辞典例句
  • At these piers coasters and landing-craft would be able to discharge at all states of tide. 沿岸航行的海船和登陆艇,不论潮汐如何涨落,都能在这种码头上卸载。 来自辞典例句
21 scenic aDbyP     
adj.自然景色的,景色优美的
参考例句:
  • The scenic beauty of the place entranced the visitors.这里的美丽风光把游客们迷住了。
  • The scenic spot is on northwestern outskirts of Beijing.这个风景区位于北京的西北远郊。
22 corporate 7olzl     
adj.共同的,全体的;公司的,企业的
参考例句:
  • This is our corporate responsibility.这是我们共同的责任。
  • His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。
23 venues c277c9611f0a0f19beb3658245ac305f     
n.聚集地点( venue的名词复数 );会场;(尤指)体育比赛场所;犯罪地点
参考例句:
  • The band will be playing at 20 different venues on their UK tour. 这个乐队在英国巡回演出期间将在20个不同的地点演出。
  • Farmers market corner, 800 meters long, 60 meters wide livestock trading venues. 农牧市场东北角,有长800米,宽60米的牲畜交易场地。 来自互联网
24 accounting nzSzsY     
n.会计,会计学,借贷对照表
参考例句:
  • A job fell vacant in the accounting department.财会部出现了一个空缺。
  • There's an accounting error in this entry.这笔账目里有差错。
25 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
26 validated c9e825f4641cd3bec0ba01a0c2d67755     
v.证实( validate的过去式和过去分词 );确证;使生效;使有法律效力
参考例句:
  • Time validated our suspicion. 时间证实了我们的怀疑。 来自《现代英汉综合大词典》
  • The decade of history since 1927 had richly validated their thesis. 1927年以来的十年的历史,充分证明了他们的论点。 来自辞典例句
27 abide UfVyk     
vi.遵守;坚持;vt.忍受
参考例句:
  • You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
  • If you join the club,you have to abide by its rules.如果你参加俱乐部,你就得遵守它的规章。
28 capability JsGzZ     
n.能力;才能;(pl)可发展的能力或特性等
参考例句:
  • She has the capability to become a very fine actress.她有潜力成为杰出演员。
  • Organizing a whole department is beyond his capability.组织整个部门是他能力以外的事。
29 capabilities f7b11037f2050959293aafb493b7653c     
n.能力( capability的名词复数 );可能;容量;[复数]潜在能力
参考例句:
  • He was somewhat pompous and had a high opinion of his own capabilities. 他有点自大,自视甚高。 来自辞典例句
  • Some programmers use tabs to break complex product capabilities into smaller chunks. 一些程序员认为,标签可以将复杂的功能分为每个窗格一组简单的功能。 来自About Face 3交互设计精髓
30 fulfill Qhbxg     
vt.履行,实现,完成;满足,使满意
参考例句:
  • If you make a promise you should fulfill it.如果你许诺了,你就要履行你的诺言。
  • This company should be able to fulfill our requirements.这家公司应该能够满足我们的要求。
31 statistical bu3wa     
adj.统计的,统计学的
参考例句:
  • He showed the price fluctuations in a statistical table.他用统计表显示价格的波动。
  • They're making detailed statistical analysis.他们正在做具体的统计分析。
32 consolidated dv3zqt     
a.联合的
参考例句:
  • With this new movie he has consolidated his position as the country's leading director. 他新执导的影片巩固了他作为全国最佳导演的地位。
  • Those two banks have consolidated and formed a single large bank. 那两家银行已合并成一家大银行。
33 improper b9txi     
adj.不适当的,不合适的,不正确的,不合礼仪的
参考例句:
  • Short trousers are improper at a dance.舞会上穿短裤不成体统。
  • Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。
34 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
35 violations 403b65677d39097086593415b650ca21     
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸
参考例句:
  • This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
  • These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。
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