19950830The State Council
The People’s Bank of China Decree of President of the People’s Bank of China No.2 Measures on the Statistics and Declaration of International Receipts and Payments approved by the State Council on August 30, 1995 President of the People’s Bank of China, Dai Xianglong September 14, 1995 Measures on the Statistics and Declaration of International Receipts and Payments Article 1 These Measures are formulated in accordance with the Statistics Law of the People’s Republic of China to perfect international receipts Article 2 The coverage of statistics and declarations of international receipts and payments includes all economic transactions which occur Article 3 The term “Chinese residents” as referred to in these Measures includes: (1) all natural persons who have resided within China for over one year except students and patients or from foreign countries or from (2) Chinese citizens staying abroad for a short period of time (less than one year), Chinese students studying abroad, Chinese patients (3) enterprises or institutions (including enterprises with foreign investment and financial institutions with foreign capital) with legal (4) Chinese governmental organs (including Chinese embassies or consulates abroad), social organizations and army units. Article 4 These Measures shall be applicable in all regions within China, including bonded areas and bonded warehouses set up within China. Article 5 The State Administration of Foreign Exchange shall, pursuant to the procedures prescribed by the Statistics Law of the People’s Republic Article 6 The statistics and declaration of international receipts and payments shall effect the principle of declaration by the transaction’s Article 7 Chinese residents shall timely, accurately and completely declare their international receipts and payments. Article 8 Chinese residents who engage in business transactions with non-Chinese residents through a financial institution located in China Article 9 Securities dealers and securities registration agencies within China who engage in foreign transactions of securities for themselves Article 10 Dealers within China who conduct foreign transactions in futures or futures options for themselves or as agents of clients shall declare Article 11 Various financial institutions within China shall declare directly to the State Administration of Foreign Exchange or one of its branches Article 12 Non-financial Chinese institutions who have opened an account outside China shall declare directly to the State Administration of Article 13 Enterprises with foreign investment within China, enterprises with direct investment abroad and other non-financial institutions with Article 14 The State Administration of Foreign Exchange or its branches may conduct samplings or general surveys of the state of affairs of international Article 15 The State Administration of Foreign Exchange or its branches shall have the authority to examine and check the contents of declarations Article 16 The State Administration of Foreign Exchange and its branches shall keep in strict confidence the specific data declared and shall Article 17 Chinese residents violating these Measures may be punished by the State Administration of Foreign Exchange or its branches by a warning, Article 18 Where any of the various kinds of financial institutions violates these Measures, the State Administration of Foreign Exchange or Article 19 Any statistical staff member in international receipts and payments who violates the provisions of Article 16 of these Measures shall Article 20 The State Administration of Foreign Exchange shall formulate the Rules for the implementation of the Measures on the statistics and Article 21 These Measures shall enter into force as of January 1, 1996. |
The People’s Bank of China
1995-09-14