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The People’s Bank of China
Order of the People’s Bank of China
No. 5
In order to regulate the opening and use and strengthen management of RMB bank settlement accounts and to maintain financial stability,
Administrative Rules for RMB Bank Settlement Accounts enacted by the People’s Bank of China and adopted at the 34th executive meeting
of the bank president on August 21, 2002 are hereby promulgated and shall be come into force as of the day of September 1, 2003.
President of the People’s Bank of China, Zhou Xiaochuan
April 10, 2003
Administrative Rules for RMB Bank Settlement Accounts
Chapter I General Provisions
Article 1
These rules are formulated according to the “Law of the People’s Republic of China on the People’s Bank of China” and the “Commercial
Banking Law of the People’s Republic of China” so as to regulate the opening and use and strengthen management of RMB bank settlement
accounts (hereinafter referred to as “bank settlement accounts”) and safeguard economic and financial stability.
Article 2
These rules are applicable to bank settlement accounts opened by depositors with banks domiciled in China.
“Depositors” hereinafter refer to government agencies, social organizations, military units, enterprises, public institutions and
other organizations (referred as Institutions hereinafter), self-employed entities and natural persons that maintain settlement accounts
with banks in China.
Banks in these rules refer to policy banks, commercial banks (including wholly foreign-funded banks, Sino-foreign joint-equity banks
and branches of foreign banks), urban and rural credit cooperatives that are approved by the People’s Bank of China to engage in
payment and settlement business in China.
Bank settlement accounts in these rules refer to RMB demand deposit accounts opened by banks for depositors to effect payment and
settlement of funds.
Article 3
Bank settlement accounts may be classified on the basis of the nature of depositors into bank settlement accounts for institutions
and bank settlement accounts for individuals.
(1)
A bank settlement account opened by a depositor in the name of an institution is a bank settlement account for institution. Based
on their uses, bank settlement accounts for institutions may be divided into basic deposit accounts, general deposit accounts, special
deposit accounts and temporary deposit accounts.
Bank settlement accounts opened by self-employed entities with the brand of their products or the name of the owner appeared in the
business license shall be managed as bank settlement accounts for institutions.
(2)
A bank settlement account opened by a natural person depositor with his or her ID is a bank settlement account for individual.
Banking accounts opened by postal savings institutions to conduct banking card business shall be managed as bank settlement accounts
for individuals.
Article 4
A depositor opening bank settlement accounts for institutions may only keep one basic deposit account in banks.
Article 5
Depositors shall open bank settlement accounts in the place where they are registered or located, except for those allowed by these
rules to open bank settlement accounts outside their places of residence (in different provinces, cities or counties).
Article 6
Opening of basic deposit accounts, temporary deposit accounts, or opening of special deposit accounts by budget units shall be subject
to review and approval of the People’s Bank of China. With the approval, the bank that is to hold the account shall issue a registration
certificate of opening of such an account. However, temporary deposit accounts opened by depositors for the purpose of examination
of registered capital requirement compliance are exempted from such a stipulation.
Article 7
Depositors may make their own choices of banks to open bank settlement accounts. No institutions or individuals are allowed to command
depositors to open bank settlement accounts with designated banks, unless stipulated otherwise by laws, administrative regulations
or rules of the State Council.
Article 8
The opening and use of bank settlement accounts shall be conducted in accordance with laws and administrative regulations. It is not
allowed to use bank settlement accounts to evade tax and debt payment, make illegal encashment or for other criminal purposes.
Article 9
Banks shall ensure confidentiality of information about depositors’ bank settlement accounts. Banks shall have the right to decline
any inquires by institutions or individuals on deposits and other relevant information on bank settlement accounts for institutions,
unless stipulated otherwise by the laws and administrative regulations. Banks shall also have the right to decline any inquiries
by institutions or individuals on deposits and other relevant information on bank settlement accounts for individuals, unless stipulated
otherwise by the laws and administrative regulations.
Article 10
The People’s Bank of China is the supervisory authority of bank settlement accounts.
Chapter II Opening of Bank Settlement Accounts
Article 11
The basic deposit accounts are bank settlement accounts that the depositors need to open to conduct day-to-day transfer and settlement
of funds as well as receipt and payment of cash. Following depositors are eligible to open basic deposit accounts:
(1)
An enterprise that is a legal entity.
(2)
An enterprise that is not a legal entity.
(3)
Government agencies and public institutions.
(4)
Military units, armed police and detachment on separate missions that are above regiment level.
(5)
Social organizations.
(6)
Non-enterprise private organizations.
(7)
Permanent office outside its place of residence.
(8)
Resident offices of international organizations in China.
(9)
Self-employed entities.
(10)
Community agencies.
(11)
Subsidiaries of institutions that maintain independent accounts.
(12)
Other organizations.
Article 12
General deposit accounts are bank settlement accounts opened by a depositor for borrowing or other payment needs with banks other
than the bank that holds the basic deposit account.
Article 13
Special deposit accounts are bank settlement accounts opened by a depositor to separately manage and use earmarked funds in accordance
with laws, administrative rules or regulations. Depositors may apply for opening of special deposit accounts for the management and
use of following type of funds:
(1)
Funds for capital construction.
(2)
Funds for technology upgrading.
(3)
Extra budgetary funds.
(4)
Funds for procurement of grain, cotton and edible oil.
(5)
Settlement funds for securities transactions.
(6)
Margin funds for futures trading.
(7)
Trust funds.
(8)
Interbank deposits of financial institutions.
(9)
Funds for policy encouraged real estate development.
(10)
Deposit reserves for banking cards of enterprises.
(11)
Housing provident funds.
(12)
Social security funds.
(13)
Surrendered proceeds and funds for business spending.
(14)
Operational funds for offices of the Party, the Youth League and the Trade Union institutions.
(15)
Other funds that need to be separately managed and used.
Surrendered proceeds and funds business spending refer to income and expenses of non-financially independent subsidiaries detachments
affiliated with or of the depositors that own basic deposit accounts.
Special deposit accounts opened for surrendered proceeds and funds for business spending shall use the name of the parent institution.
Article 14
Temporary deposit accounts are bank settlement accounts opened by a depositor for temporary need and to be used in a limited period
of time. Depositor may apply for opening of temporary deposit accounts on the following occasions:
(1)
Establishment of temporary institutions.
(2)
Temporary operations in different places.
(3)
Examination of registered capital requirement compliance.
Article 15
Bank settlement accounts for individuals are deposit accounts opened by natural persons for investment, consumption and settlement
purpose, which may be used to carry out payment and settlement businesses. A depositor may apply for opening of bank settlement accounts
for individuals on the following occasions:
(1)
Using credit payment instruments such as checks and credit cards.
(2)
Conducting settlement business such as remittance, regular credit, regular debit and debit card business.
A natural person may either apply for opening of bank settlement accounts for individuals according to his or her own needs, or select
an existing saving account as a bank settlement account for individuals after applying to the account-holding bank and get its permission.
Article 16
A depositor may open bank settlement accounts outside its place of residence on any of the following occasions:
(1)
Places of business registration and operation are in different administrative areas (different provinces, cities, counties), which
entails the need of opening of basic deposit accounts.
(2)
Borrowing from other places or conducting other settlement, which need to open general deposit accounts.
(3)
A depositor needs to open special deposit accounts for surrendered proceeds or business spending of its non-financially independent
subsidiaries or detachments.
(4)
Conducting temporary business operation outside its place of residence that need to open temporary deposit accounts.
(5)
A natural person that needs to open bank settlement accounts for individual used outside its place of residence.
Article 17
When applying for opening basic deposit accounts, a depositor shall produce documents according to the following rules:
(1)
If the depositor is an enterprise that is a legal entity, it shall present the original copy of the business license for a legal entity.
(2)
If the depositor is an enterprise that is not a legal entity, it shall present the original copy of the business license for an enterprise.
(3)
Government agencies and public institutions that are included in the budget process shall produce approval letters or certificates
of registration issued by the personnel department or staffing quota commission of the government, and permission issued by fiscal
agencies. Public institutions that are not included in the budget process shall produce approval letters and certificates of registration
issued by the personnel department or staffing quota commission of the government.
(4)
Military units, armed police units at or above regimental level and detachments on separate missions shall present certificates of
account holding by the treasury departments in units that are above army level or in headquarters of the armed police.
(5)
Social organizations shall produce their registration certificates, while religious organizations shall produce approval letters or
certificates issued by religious affairs administration authorities as an addition.
(6)
Private non-enterprise organizations shall produce registration certificates for private non-enterprise organizations.
(7)
Resident offices outside their places of residence shall produce approval letters issued by the government of where they are located.
(8)
Resident offices in China of international organizations shall produce approval letters or certificates issued by relevant Chinese
authorities; representative offices or operational branches of foreign companies shall produce registration certificates issued by
the Chinese registration agencies.
(9)
Self-employed entities shall produce original copies of their business licenses.
(10)
Community agencies shall produce approval letters and certificates issued by relevant authorities.
(11)
Financially independent subsidiaries shall produce registration certificates for opening of basic deposit accounts and approval letters
issued to entities to which they are affiliated.
(12)
Other organizations shall produce approval letters or certificates issued by relevant authorities.
Depositors in this Article that are taxpayers and engaged in productive and commercial activities shall, in addition, produce tax
registration certificates issued by the taxation authority.
Article 18
When applying for opening general deposit accounts, a depositor shall produce relevant documents according to the following requirements,
in addition to the documents required for opening basic deposit accounts and the registration certificate of opening basic deposit
accounts:
(1)
If in need of borrowing from banks, the depositor shall produce borrowing contracts.
(2)
If for the purpose of conducting other settlement, the depositor shall produce relevant documents.
Article 19
When applying for opening special deposit accounts, a depositor shall produce relevant documents according to the following requirements,
in addition to the documents required for opening basic deposit accounts and the registration certificate of opening basic deposit
accounts:
(1)
As for depositing funds of capital construction, technology upgrading, policy encouraged real estate development, housing provident
funds and social security funds, the depositor shall produce approval documents of relevant authorities.
(2)
As for depositing extra budgetary funds, the depositor shall produce approval of fiscal agencies.
(3)
As for depositing funds for procurement of grain, cotton and edible oil, the depositor shall produce approval of relevant authorities.
(4)
As for depositing reserve funds of institutions for banking card transactions, the depositor shall produce relevant documents according
to the rules on banking card transactions approved by the People’s Bank of China.
(5)
As for depositing settlement funds for securities transactions, the depositor shall produce certificates issued by securities firms
or the securities supervisory authority.
(6)
As for depositing margin funds for futures trading, the depositor shall produce certificates issued by futures firms or the futures
supervisory authority.
(7)
As for interbank deposits of financial institutions, the depositor shall produce relevant certificates.
(8)
As for depositing surrendered proceeds and funds for business spending, the depositor shall produce relevant certificates of the depositors
holding basic deposit accounts.
(9)
As for depositing operational funds for offices of the Party, the Youth League and the Trade Union in institutions, the depositor
shall produce approval documents or certificates issued by these institutions or relevant authorities.
(10)
As for depositing other funds required to be managed or used separately, relevant copies of laws and regulations or relevant documents
of government shall be produced.
Article 20
Special RMB account and RMB fund settlement accounts opened by qualified foreign institutional investors (QFII) for the convenience
of domestic securities investment shall be managed as special deposit accounts. A QFII shall produce approval issued by the State
Administration of Foreign Exchange for opening special RMB account, and in the case of opening RMB fund settlement account, the business
license for securities investment issued by the securities authority is required.
Article 21
When applying for opening temporary deposit accounts, a depositor shall produce relevant documents to banks according to the following
rules:
(1)
As for temporary institutions, they shall produce approval for their establishments issued by relevant authorities in residence place.
(2)
As for construction or equipment installation enterprises operating outside their original registration location, they shall produce
original copies of their or their parent institutions’ business licenses, and permission issued by local construction/equipment installation
authorities or contracts of construction/equipment installation.
(3)
As for institutions engaged in temporary operations outside their original registration location, they shall produce original copies
of their business licenses and approval issued by local administration bureaus of industry & commerce.
(4)
As for funds deposited for registration and examination of capital requirement compliance, the depositor shall produce Notice of Advance
Approval of Enterprises’ Names issued by the administrative authorities of industry & commerce or approval of other relevant authorities.
Depositors that fall into section (2) and (3) shall, in addition, produce their registration certificates for opening of basic deposit
accounts.
Article 22
When applying for opening of bank settlement accounts for individuals, depositors shall produce ID cards to banks according to the
following rules:
(1)
Residents of China shall produce ID cards or temporary ID cards.
(2)
Military units servicemen shall produce their army ID cards.
(3)
Armed Police shall produce their armed police ID cards.
(4)
Residents of Hong Kong, Macau and Taiwan shall produce valid ID cards issued by the state immigration/emigration authorities.
(5)
Foreign citizens shall produce passports.
(6)
Other valid certificates stipulated by laws, regulations and relevant state documents.
When opening bank settlement accounts for individuals, banks may also require applicants to produce other valid certificates accordingly,
including certification of permanent residence registration (Hukou), driving licenses or passports.
Article 23
When a depositor needs to open bank settlement accounts for institutions outside their original registration location, relevant certificates
shall be provided according to the following rules in addition to the relevant documents required to be submitted in Article 17 ,
18, 19, 20 of these rules:
(1)
Depositors that are registered and operating outside their administrative places, when opening basic deposit accounts outside their
original registration location, shall produce certificates issued by branch office(s) of the People’s Bank of China in where they
are registered, which prove that they have not opened basic deposit accounts.
(2)
Depositors that borrow from outside their original registration location, when opening general deposit accounts outside their places
of residence, shall produce borrowing contracts proving they have got loans from that location.
(3)
Depositors to effect proceeds surrender and business spending outside their original registration location due to operational needs,
when opening special deposit accounts in that location, shall produce relevant certificates of their parent institutions.
Depositors that fall into Section (2), (3) of this Article shall, in addition, produce their registration certificates of opening
of basic deposit accounts.
Depositors that need to open bank settlement accounts for individuals outside their original registration location shall produce certificates
required by Article 21 of these rules.
Article 24
post_titles that institutions use to open bank settlement accounts shall be consistent with those they provide in their certificate documents
for application for opening of accounts. A self-employed entity with a brand name shall ensure consistence of the post_title of its bank
settlement account and the brand name recorded in its business license. post_titles of bank settlement accounts opened by self-employed
entities that have no brand name shall comprise characters of “Self-employed Entities” and “names” of the owners recorded in their
business licenses. post_titles of bank settlement accounts opened by natural persons shall be consistent with names in the valid ID certificates
provided.
Article 25
When a bank opens a general deposit account, an special deposit account or a temporary deposit account for a depositor, it shall inform
the bank that holds the basic deposit account for that depositor within 3 working days after the opening of such accounts.
Article 26
Applications for the opening of bank settlement accounts for institutions may be filed by the legal person or head of the applying
institution, or other people authorized by that institution.
If it is the legal entity or head of the institution that files the application, in addition to required certificates, he or she still
needs to produce his or her ID card. In the case of other people authorized by the institution, in addition to the required certificates,
he or she still needs to produce authorization issued by and the ID card of the legal entity or head of that institution, as well
as his or her own ID card.
Article 27
When applying for opening of bank settlement account, a depositor shall fill the application form for opening of such account. The
application form is to record relevant information required by the People’s Bank of China.
Article 28
Banks shall carefully verify the authenticity, integrity and regulatory compliance of certificate and filled-in information in the
application form.
When the application form is filled completely and meets the requirements for opening a basic deposit account, a temporary deposit
account or an special deposit account of a budget unit, the bank shall send to the local branch office of the People’s bank of China
the filled application form, the required certificates and review conclusion of the bank and go on with the opening account process
after being approved by the local branch office of the People’s Bank of China. As to applications that meet the requirements for
opening general deposit accounts, other special deposit accounts or bank settlement accounts for individuals, banks shall carry out
the opening account process right away and file the case with the local branch office of the People’s Bank of China within five working
days after the opening of such accounts.
Article 29
The People’s Bank of China shall review the regulatory compliance of the documents submitted for opening basic deposit accounts, temporary
deposit accounts and special deposit accounts of budget units within two working days. It shall approve those eligible applications,
while sign and return those ineligible application forms along with the submitted certificates back to the bank.
Article 30
When opening a bank settlement account for a depositor, the bank shall sign an agreement with the depositor on the management of that
bank settlement account, defining rights and obligations of either party. It shall also keep cards that contain the stamp or signature
of the depositor and keep files of the original copies or duplicates of the stamp or signature and required certificates.
Article 31
Registration certificates of opening accounts are the valid proof containing information on bank settlement accounts for institutions.
Depositors shall use these certificates in accordance with these rules and keep them in safe place.
Article 32
When opening general deposit accounts, special deposit accounts or temporary deposit accounts for depositors, banks shall record on
the registration certificates of basic deposit accounts names of the accounts, numbers of the accounts, nature of the accounts, banks
to hold the accounts and the opening date of the accounts and stamp on it. Temporary deposit accounts that are opened by temporary
institutions or in need of registration and examination of capital requirement compliance are exempted from this requirement.
Chapter III Use of Bank Settlement Accounts
Article 33
Basic deposit account is the principal account for a depositor. Funds receipt and payment in depositors’ day-to-day operations, as
well as withdrawal of salary, bonus or cash, shall all be conducted through this account.
Article 34
General deposit account is to be used for depositing borrowing proceeds, repaying debt and other settlements. Such an account may
be used to surrender cash, but is prohibited from being used to withdraw cash.
Article 35
Special deposit account is to be used for receipt and payment of various earmarked funds.
Funds deposited in enterprise banking card accounts shall only be transferred from the basic deposit accounts and are not allowed
to be used for cash receipt and payment.
Cash withdrawal is not allowed from special deposit accounts for extra budgetary funds, settlement funds of securities transactions,
margin funds for futures trading and trust funds.
If depositors need to withdraw cash from accounts set for depositing funds of capital construction, technology upgrading, policy encouraged
real estate development or interbank deposits of financial institutions, they shall apply for approval of the local branch office
of the People’s Bank of China when applying for opening such accounts. The local branch office of the People’s Bank of China shall
review and approve the applications according to rules on cash management.
Cash withdrawal from special deposit accounts for depositing social security funds, housing provident funds and funds for procurement
of grain, cotton and edible oil shall be carried out in accordance with rules on cash management.
Accounts set for depositing proceeds surrender are not allowed to conduct payment transactions except for transferring funds to the
basic deposit accounts or special deposit accounts for extra budgetary funds. No cash withdrawal is allowed. Accounts for effecting
business spending are not allowed to receive funds except for funds transferred from the basic deposit accounts. Cash withdrawal
from such accounts shall be conducted in line with rules on cash management.
Banks shall reinforce surveillance according to these rules and rules on management and use of funds for procurement of grain, cotton
and edible oil. Banks shall not conduct funds receipt and payment and cash withdrawal that are in violation of relevant rules and
regulations. However, banks are not responsible for supervising the use of other earmarked funds.
Article 36
Temporary deposit accounts are to be used for funds receipt and payment resulted from temporary operations by temporary institutions
or depositors.
The validity period of temporary deposit accounts shall be determined according to the validity period defined in the relevant certificate
for opening of such accounts, as well as the need of the depositors. If depositors need to extend the validity period while using
such accounts, they shall apply to the bank that holds the account during the validity period. Then the bank shall submit such applications
to the local branch office(s) of the People’s Bank of China and make the extension upon approval. Validity period of temporary deposit
accounts shall not be longer than two years.
Cash withdrawal from the temporary deposit accounts shall be conducted in accordance with relevant rules on cash management.
Article 37
Temporary deposit account opened for depositing funds for registration and examination of capital requirement compliance may only
be used to receive funds (not to disburse funds) during the examination period. The name of the person who provides such funds shall
be the same as that of the investor.
Article 38
In the case of depositors opening bank settlement accounts for institutions, such accounts may only be used to conduct payment transactions
three working days after their opening. However, conversion of a temporary deposit account for registration and examination of capital
requirement compliance into a basic deposit account, as well as a general deposit account opened to deposit borrowing proceeds, are
exempted from this restriction.
Article 39
Bank settlement accounts for individuals are to be used to conduct individuals’ receipt and disbursement of fund transfers, as well
as cash deposit and withdrawal. Following funds are allowed to be transferred to bank settlement accounts for individuals:
(1)
Income of salary and bonus.
(2)
Author’s remuneration and performance remuneration of actors.
(3)
Principle and returns of investment such as bonds, futures and trust.
(4)
Gains from transfer of personal debt or ownership.
(5)
Deposits of retail loan proceeds.
(6)
Settlement funds for securities transactions and margin funds for futures trading.
(7)
Inherited or granted funds.
(8)
Insurance compensation and returned premium.
(9)
Tax rebate.
(10)
Sales income of agricultural and mineral products.
(11)
Other legitimate proceeds.
Article 40
When an institution disburses funds from its bank settlement account to a bank settlement account for individuals, it shall produce
to the bank that holds its account the following warrants to effect the disbursement if the disbursement is over RMB 50 thousand
Yuan:
(1)
Agreement on entrusted salary payment and the name list of recipients.
(2)
Certificates of rewards.
(3)
Contracts signed between recipients and the publishing houses or sponsors of the show performance, or certificates of disbursement
to individuals
(4)
Certificates of disbursement or rebate of funds to natural persons by securities firms, futures firms, trust and investment companies
and lottery issuers or underwriters.
(5)
Agreement of debt or ownership transfer.
(6)
Borrowing contract.
(7)
Warrant of insurance company.
(8)
Warrant of taxation authorities.
(9)
Purchase and sale contracts of agricultural and mineral products.
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The State Administration of Foreign Exchange
Circular of the State Administration of Foreign Exchange on Submitting the Statements Under the Measures for Administration of the
Reports on Transactions of Large-Sum and Doubtful Foreign Exchange Capital of Financial Institutions
HuiFa [2003] No. 42
March 18, 2003
The branches of the State Administration of Foreign Exchange (“SAFE”) and departments of foreign exchange in all provinces, autonomous
regions, and municipalities directly under the Central Government, the branches in the cities of Shenzhen, Dalian, Qingdao, Xiamen,
and Ningbo of the SAFE, the Industrial and Commercial Bank of China, the Agricultural Bank of China, the Bank of China, the Construction
Bank of China, the Bank of Communications of China, the State Development Bank, the Import and Export Bank of China, the Agricultural
Development Bank of China, the CITIC Industrial Bank, the Everbright Bank of China, Hua Xia Bank, Guangdong Development Bank, Shenzhen
Development Bank, the Merchants Bank, the Industrial Bank, Shanghai Pudong Development Bank, China Minsheng Bank:
With a view to ensuring the smooth implementation of Decree [2003] No. 3 of the People’s Bank of China, Measures for Administration
of the Reports on Transactions of Large-Sum and Doubtful Foreign Exchange Capital of Financial Institutions (hereinafter referred
to as the Administration Measures), the SAFE has according to the Principles for Submission of the Statements under the Administration
Measures (see Attachment 1) formulated four Statements required to be filled in by financial institutions for performing anti-money-laundry
functions (see Attachment 2) and provided for the indicators for the Statements, the codes of the reporting and identification standards
and the transmission of electronic Statements (see Attachment 3 through 5). Here is to notify you of the relevant requirements:
I.
The financial institutions shall according to the provisions of the Administration Measures submit the transactions of large-sum and
doubtful foreign exchange capital by paper-based statements and electronic statements as of April 1.
II.
The SAFE shall according to the requirements of Attachment 1 through 4 to this Circular formulate the statements under the Administration
Measures into electronic template documents, and send them to its branches through the internal electronic information transmission
system. Upon receipt of the electronic template documents, the branches shall timely transfer this Circular (including its Attachment
) and the electronic template documents to Chinese and foreign-invested banks (including the head offices of Chinese-invested banks)
and urban commercial banks, urban credit cooperatives, rural credit cooperatives and rural commercial banks in their jurisdictions.
III.
The financial institutions shall in strict accordance with the provisions of the Administration Measures and this Circular fill in
the statements carefully, guarantee the quality of the data in the statements and timely and accurately submit the paper-based statements
and the electronic statements. In case of any business problems occurred in work, please do not hesitate to contact with the Administrative
and Examination Department of the SAFE; and in case of any technological problems, please do not hesitate to contact with the Information
Center of the SAFE. The contact telephones are:
Administrative and Examination Department Anti-Money-Laundry Control Office: Lu Zheng by 68402106
Information Center Network Engineering Office: Wei Kun by 68402022
Information Center Application Development Office: Zhu Yong by 68402026
Attachment:
1. Principles for Submission of the Statements under the Measures for Administration of the Reports on Transactions of Large-Sum and
Doubtful Foreign Exchange Capital of Financial Institutions
2. Statements under the Measures for Administration of the Reports on Transactions of Large-Sum and Doubtful Foreign Exchange Capital
of Financial Institutions (omitted)
3. Descriptions on the Indicators for the Statement under the Measures for Administration of the Reports on Transactions of Large-Sum
and Doubtful Foreign Exchange Capital of Financial Institutions.
4. Codes of the Reporting and Identification Standards under the Measures for Administration of the Reports on Transactions of Large-Sum
and Doubtful Foreign Exchange Capital of Financial Institutions
5. Descriptions on the transmission of electronic Statements
Attachment 1:Principles for Submission of the Statements under the Measures for Administration of the Reports on Transactions of Large-Sum and
Doubtful Foreign Exchange Capital of Financial Institutions
I.
Submitting subjects:
The financial institutions and its branches and sub-branches, and the branches of the State Administration of Foreign Exchange (“SAFE”)
in all provinces, autonomous regions, and municipalities directly under the Central Government and its sub-branches in prefectures,
cities and counties where there are top-level corporate financial institutions are the submitting subjects.
The first-level branches and sub-branches in the capital cities of the provinces, autonomous regions, and municipalities directly
under the Central Government set up by the financial institutions are the principal submitting institutions, and in case no first-level
branches and sub-branches are set up in the capital cities of the provinces, autonomous regions, and municipalities directly under
the Central Government by the financial institutions, the headquarters of the financial institutions shall designate the principal
submitting institution.
The top-level corporate financial institutions set up in the prefectures, cities and counties shall perform their reporting functions
and obligations to the local branches, which shall be summarized by local branches before consolidated reporting to the branches
of the provinces, autonomous regions, and municipalities directly under the Central Government
II.
Submission procedures and time schedule:
The Administration Measures has provided for the principles territorial jurisdiction and double-way submission.
The branches and sub-branches of the financial institutions shall summarize the transactions of the large-sum and doubtful foreign
exchange capitals of the last month within the first five working days of each month, which should be submitted to the principal
submitting institutions by levels, and to the local branches and sub-branches of the SAFE at the same time.
Each principal submitting institutions shall summarize the transactions of the large-sum and doubtful foreign exchange capitals of
the last month in each province, autonomous region and municipalities directly under the Central Government within the first fifteen
working days of each month, which should be submitted to the branch of the corresponding province, autonomous region and municipalities
directly under the Central Government, and to the headquarters of each corresponding financial institutions.
The headquarters of each financial institution shall within the first five working days of each month submit the transactions of the
large-sum and doubtful foreign exchange capital incurred to itself of the last month to the local branches or sub-branches and shall
summarize all the transactions of the large-sum and doubtful foreign exchange capitals incurred in its whole jurisdiction of the
last month before submitting to the SAFE within the first working 20 days of each month.
The financial institutions shall verify and analyze the transactions of the large-sum and doubtful foreign exchange capital and in
case of finding any suspected crimes, reports thereof should be made to the local public security organ within three days and to
the local branches or sub-branches of the SAFE.
The branches of the SAFE in the provinces, autonomous regions, and municipalities directly under the Central Government shall within
the first 20 days of each month submit the summaries of the transactions of the large-sum and doubtful foreign exchange capital reported
by the financial institutions to the SAFE; and any transactions of foreign exchange capital involved in suspected crimes should be
transferred to the local public securities and submitted to the SAFE at the same time.
III.
Means of submission:
In case of the acts relating to the transactions of the large-sum and doubtful foreign exchange capital provided for in Article 8
through 10 in the Administration Measures, the financial institutions shall fill in and submit Statement 1, Statement 2 and Statement
3 each month respectively in the forms of paper-based documents and electronic files.
In case of any suspected money laundry found in verifying the transactions of foreign exchange capital as provided for by Articles
12 through 3 in the Administration Measures, the financial institutions shall timely fill in and submit the paper-based Statement
4 together with the relevant Attachment attached. Attachment 3:Descriptions on the Indicators for the Statement under the Measures for Administration of the Reports on Transactions of Large-Sum
and Doubtful Foreign Exchange Capital of Financial Institutions
I.
“Summarizing and submitting unit”, “submitting unit” and “code of submitting unit”
“Summarizing and submitting unit” and “submitting unit” should be filled in with the full name (as per the specimen seal impression)
of the financial institutions and their branches and sub-branches undertaking the foreign exchange business (hereinafter referred
to as the financial institutions), and the summarizing and submitting units refer to the financial institutions that summarize the
data information of their branches and sub-branches and directly make reports to the SAFE. The code of the submitting unit shall
be filled in as per the identity code (12 digits) of the financial institutions in the submission of the international payments.
The financial institutions without identity codes shall submit the data to the superior branches for filling and submission. The
basic units of the financial institutions that summarize, fill in and submit the transactions of large-sum and doubtful foreign exchange
capital are the sub-branches in prefectures, cities and counties.
II.
Enterprise
Enterprises refer to enterprise and institutional units (including foreign-invested enterprises), state organs, social communities,
military units, and other domestic institutions in the territory of the PRC, foreign units assigned to China, as well as institutions
outside China with occurrence of conversion of foreign exchanges or payments of foreign exchanges with the offshore accounts in the
territory of the PRC or with occurrence of conversion of foreign exchanges or payments of foreign exchanges with the onshore accounts
in the territory of the PRC.
III.
Name of enterprise
To be filled in as per the full name registered by the enterprises with the administration of commerce and industry and other administrative
authorities in country where it is located, or as per the name indicated on the valid certificates that includes its accurate, complete
ad standard name or on the approval document and certification of the competent authorities. Institutions outside China shall fill
in the standard full name in Chinese and English at the same time in the format of “name in Chinese (and name in English)”.
IV.
Enterprise code
To be fill in as per the 9-digit organizational and institutional code (GB code) promulgated by the National Administrative Center
of Organizational and Institutional Codes of China State General Administration of Quality Supervision, Inspection and Quarantine
(AQSIQ), whereby the English letter should be in capital, and with the short line of “�” deleted, for instance, the original code
of “25186820�X” would be written as “25186820X”.
V.
Date of occurrence of transactions
In the format of “yyyy/mm/dd”, among which “yyyy’ refer to year, “mm” refers to month, and “dd” refers to day, and in case the month
or the day is less than two digits, 0 would be added before the actual number of the month or the day. For instance, January 1, 2003
would filled in as “2003/01/01”.
VI.
Code of reporting or identification standards
There are 60 items corresponding to the reporting standards of the transactions of the large-sum foreign exchange capital and the
reporting and identification standards of the transactions of the doubtful foreign exchange capital under the Administration Measures,
which are provided for fixed 4-digit codes accordingly (see Attachment 4), and the financial institutions shall fill in the fixed
codes according to the content of the actual transactions.
VII.
Code of transactions
To be filled in as per the transaction codes of the monitoring system of international payments statistics.
VIII.
Payments of capital
Incomes of foreign exchange capital would be filled in as “1”, and payment thereof should be filled in as “0”.
IX.
Bank account
The A/C number opened at banks by the enterprises according to law, including the number of offshore accounts.
X.
Transaction currencies and transaction volume
The transaction currencies should be filled in as the code of such currencies based on national standards (Abbreviation in English
as 3-digit capital letters) , and the transaction volume should be filled in the corresponding forms in the original currency and
conversion of USD. The conversion ratio shall adopt that of the month of filling and submission of the statement.
XI.
Transaction direction
Cross-border flow of the foreign exchange capital should be filled in with the national or regional code where the counterpart is
located (Abbreviation in English as 3-digit capital letters) based on national standards; and domestic transaction of capital requires
for filling in the code of the special economic zones, and the codes of special economic zones are as follows: general trade zone
(Z00), bonded zone (Z01), processing zone (Z020), and diamond exchanges (Z03).
XII.
Name and individual name
For residents, full name should be filled in as per the ID cards; and for non-residents, full name of the individual should be filled
in as per the passports.
XIII.
Nationality
According to the national standards, filled in with the national (regional) codes (Abbreviation in English as 3-digit capital letters).
XIV.
ID number
To be filled in with the ID card number of residents, number of the certificate of military officers, number of children on the household
register and the number of the passports of non-residents.
XV.
Number of bankcards or the number of saving account of foreign currency
When holding bank cards, to be filled in with the bank cards; when having the saving account of foreign currency, to be filled in
with the number of the saving account of foreign currency; when having both the bank cards, both numbers should be filled in with
the number of bank cards before and separated with “m the number of the saving accounts of foreign currency.
XVI.
Responsible person, undertakers and contact telephone
The responsible person should be filled in with the personnel in charge of the anti-money laundry department of the filling and submitting
units; the undertaker should be filled in with the person filling in and submitting the forms; and the contact telephone number refers
to that of the undertaker.
XVII.
Seal
For the “filling and submitting unit (seal)” in Statements 1 through 4, it refers to the seal of the anti-money laundry department
of the filling and submitting units). The “transferring unit (seal)” and the “receiving unit (seal)” in Statement 4 refer to the
seal of the anti-money laundry departments of the transferring unit and the receiving unit.
XVIII.
Legal representative and address
The legal representative refers to the full name of the legal representative registered with the administrative department of commerce
and industry and the address refers to that registered with the administrative department of commerce and industry.
XIX.
Contact person and contact telephone.
For the “contact person” in Statement 4, the full name of the relevant persons of the unit involved in the suspected circumstance
or the full name of the individual involved in the suspected circumstances may be filled in, and for the contact telephone, the telephone
of that person or that individual shall be filled in.
XX.
Transferring person. Receiving person and contact telephone
For the transferring person, the full name of the person of the administrative department of foreign exchange or the financial institution
who transfers the relevant materials to the public security department shall be filled in, for the receiving person, the full name
of the person of the public security department who receives the relevant materials to the administrative department of foreign exchange
or the financial institution shall be filled in, and for the contact person, the telephone of that transferring person or receiving
person shall be filled in.
XXI.
Total
Each statement shall summarize the sums of the “codes of the reporting standard or the identifying standards” and at the same time,
the amount of the “transaction volume (conversion into USD)” shall be summarized.
XXII.
Remarks
Other circumstance to be supplemented and described.
Attachment 4:Codes of the Reporting and Identification Standards under the Measures for Administration of the Reports on Transactions of Large-Sum
and Doubtful Foreign Exchange Capital of Financial Institutions
Item 1 of Article 8 0801, Item 2 of Article 8 (0802);
Item 1 of Article 9 0901, Item 2 of Article 9 0902;
Item 3 of Article 9 0903, Item 4 of Article 9 0904;
Item 5 of Article 9 0905, Item 6 of Article 9 0906;
Item 7 of Article 9 0907, Item 8 of Article 9 0908;
Item 9 of Article 9 0909, Item 10 of Article 9 0910;
Item 11 of Article 9 0911, Item 1 of Article 10 1001;
Item 2 of Article 10 1002, Item 3 of Article 10 1003;
Item 4 of Article 10 1004, Item 5 of Article 10 1005;
Item 6 of Article 10 1006, Item 7 of Article 10 1007;
Item 8 of Article 10 1008, Item 9 of Article 10 1009;
Item 10 of Article 10 1010, Item 11 of Article 10 1011;
Item 12 of Article 10 1012, Item 13 of Article 10 1013;
Item 14 of Article 10 1014, Item 15 of Article 10 1015;
Item 16 of Article 10 1016, Item 17 of Article 10 1017;
Item 18 of Article 10 1018, Item 19 of Article 10 1019;
Item 20 of Article 10 1020, Item 21 of Article 10 1021;
Item 2 of Article 12 1202, Item 3 of Article 12 1203;
Item 1 of Article 13 1301, Item 2 of Article 13 1302;
Item 3 of Article 13 1303, Item 4 of Article 13 1304;
Item 5 of Article 13 1305, Item 6 of Article 13 1306;
Item 7 of Article 13 1307, Item 8 of Article 13 1308;
Item 9 of Article 13 1309, Item 10 of Article 13 1310;
Item 11 of Article 13 1311, Item 12 of Article 13 1312;
Item 13 of Article 13 1313, Item 14 of Article 13 1314;
Item 15 of Article 13 1315, Item 16 of Article 13 1316;
Item 17 of Article 13 1317, Item 18 of Article 13 1318;
Item 19 of Article 13 1319, Item 20 of Article 13 1320;
Item 21 of Article 13 1321, Item 22 of Article 13 1322;
Item 23 of Article 13 1323, Item 24 of Article 13 1324.
Attachment 5:Descriptions on the Transmission of Electronic Statements
According to the requirements for submission of the electronic statements provided for by the Administration Measures, the submission
channels and file names and formats of the electronic statements have been standardized as follows:
I.
Channels of transmission
1.
From commercial banks to the SAFE
After the electronic statements of the branches and sub-branches of the commercial banks have been submitted to the principal submitting
institutions by level, the principal submitting institutions shall consolidate and submit then to the local branches of the SAFE,
and to the head offices of the corresponding commercial banks before the head offices of the commercial bank submit them to the SAFE.
The head offices of commercial banks located in Beijing Municipality shall submit the electronic statements to Beijing Foreign Exchange
Administrative Department of the SAFE, which shall then submit them to the SAFE; and the head offices of commercial bank that are
not located in Beijing Municipality shall submit the electronic statements to the local braches of the SAFE, and the relevant branches
shall then submit them to the SAFE.
It is suggested that the commercial banks adopt the TXPT V310 (Communication platform software version V310) for submitting the electronic
statements to the SAFE, and TXPT has designated the following configuration methods for this application:
The application type (apptype) of this application has been designated as “FQ10” , and the sub-application type (sub_apptype) has
been designated as “00”, and the mode for opening the files has adopted the binary system (1).
The commercial banks may copy a new file from the transmission configuration file of the monitoring system of the international payments
statistics, correspondingly adjust the application type and sub-application types of the new file and designate the “remote path”
as “/fxq/”, thus forming the transmission configuration file of this application, which may be adopted for transmitting the relevant
electronic statements.
The branches of the SAFE adopt the file server in the firewall DMZ zone for receiving the files, with the receiving directory designated
as /fxq, and the power limits of the directory is Sybase. Thus, the branches shall add the directory of the corresponding power limits
to the file serve and add a line (with the content of “FQ1000###Sybase”) in the file of “/txpt/config/svcfile.sys”. The business
personnel of the branches of the SAFE may by use of the TXPT receive the files transmitted to the file services by commercial bank
in the computer for further processing. The “application type”, “sub-application type” and mode for filing opening in the TXPT receiving
configuration of the PC should be adjusted the same way.
2.
From branches of the SAFE to the SAFE
The internal electronic information exchanges of the SAFE shall adopt the internal electronic information transmission system of the
SAFE. The SAFE has designated as special email at fxq@inspect.safe for receipt of the electronic statements of such applications,
to which the branches may send the electronic statements.
II.
File names and formats
The file name of the application electronic statements consists of 24 digits, among which digits 1 through 6 refer to local codes,
digits 7 through 10 refer to bank codes, digits 11 through refer to bank sequence, digits 13 through 18 refer to codes of date in
the form of “yy (year)mm(month)dd(day)”, digits 19 through 20 refer to bill codes, and digits 21 through 24 refer to the bill sequence.
The local codes of digits 1 through 6 and the bank code of digits 7 through 10 adopt the codes allocated in the monitoring system
of international payments statistics.
The corresponding relations of bill codes are as follows:
01� � monthly statements of the transactions of large-sum foreign exchange capital of enterprises;
02� � monthly statements of the transactions of large-sum foreign exchange capital of individual residents and non-residents;
03�� monthly statements of the transactions of doubtful foreign exchange capital; and
Other codes should be determined by the branches and sub-branches of the SAFE at their own discretion.
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