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State Administration of Foreign Exchange
Notice of the State Administration of Foreign Exchange on the Administration of Foreign Exchange in Bonded Logistic Parks
Hui Fa [2005] No. 92
December 20, 2005
The branches and foreign exchange departments of the State Administration of Foreign Exchange in all provinces, autonomous regions
and municipalities directly under the Central Government and the municipal branches of the State Administration of Foreign Exchange
in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo:
With a view to promoting the development of bonded logistic parks and regulating the income and expenses of foreign exchange and foreign
exchange businesses, hereby the relative issues concerning the administration of foreign exchange in bonded logistic parks are notified
as follows:
I.
The administration of foreign exchange in bonded logistic parks shall, unless there is any special provision in the present Notice,
be implemented in accordance with the provisions prescribed in the Measures for the Administration of Foreign Exchange in Bonded
Areas (Hui Fa [2002] No. 74), by principle.
II.
The enterprises in bonded logistic parks (hereinafter referred to as the “park enterprises”) shall conduct the registration of foreign
exchange and collect the Registration Certificate of Foreign Exchange in Bonded Logistic Parks (hereinafter referred to as the Registration
Certificate) by the reference to the Measures for the Administration of Foreign Exchange in Bonded Areas. The format of the Registration
Certificate shall be formulated by the reference to the Registration Certificate of Foreign Exchange in Bonded Areas.
A park enterprise located in a bonded area may handle the procedure of getting a Registration Certificate in accordance with the relative
provisions, or endorse the Registration Certificate of Foreign Exchange at local foreign exchange bureaus and indicate its nature
on it.
Conducting any foreign exchange business, a park enterprise shall show its Registration Certificate besides other valid vouchers and
commercial documents as prescribed in the present Notice and other relative regulations on the administration of foreign exchange.
III.
In case a non-park enterprise within the territory of China purchases any goods within a bonded logistic park, it may pay to the involved
park enterprise, or pay directly abroad, or pay to any other relevant non-park enterprise having the right for goods within the territory
of China.
Going through the payment formalities for import, a non-park enterprise within the territory of China shall go to the relative bank
with the valid vouchers and commercial documents in accordance with the relative provisions on the administration of settlement,
sale and payment of foreign exchange. In particular, if the goods belong to a non-park enterprise within or out of the territory
of China, the relevant warehousing agreement or entrustment agreement as signed between the non-park enterprise within or out of
the territory of China and the relevant park warehousing enterprise shall be submitted as well.
After receiving the foreign exchange as paid by a non-park enterprise within the territory of China mentioned in the preceding paragraph,
a non-park enterprise having the right for goods within the territory of China shall conduct the formalities for verification on
the basis of such certificates as the notice on account entry of foreign exchange or settlement vouchers of foreign exchange in accordance
with the relative provisions.
Where a park enterprise signs any export contract with an overseas enterprise, the relevant goods are declared by a non-park enterprise
to the Customs to go across the border, and the transfer of the amount of the price of the goods as collected by the park enterprise
from abroad to the non-park enterprise in the currency of foreign exchange shall be conducted in accordance with the provisions prescribed
in the Reply of the General Bureau of the State Administration of Foreign Exchange on the Issue about the Transfer of Foreign Exchange
from Enterprises in Bonded Areas to Those in Non-bonded Areas (Hui Zong Fu [2004] No. 79).
VI.
When a park enterprise having the right of engaging in foreign trade declares any imported or exported goods to the Customs, it shall
conduct the formalities for registration in the roster of import entities that make payment in foreign exchange and in the archives
of verification for export and then go to the designated foreign exchange bank to conduct the formalities for collection and payment
of foreign exchange with valid vouchers and commercial documents in accordance with the provisions on the administration of settlement,
sale and payment of foreign exchange. Particularly, the relative import customs declaration signed and issued by the Customs shall
be indicated for the payment for any purchase of foreign exchange.
When declaring any imported or exported goods to the Customs, as to the collection of export proceeds in foreign exchange and external
payment for purchase of foreign exchange, a park enterprise shall go through the formalities for verification in accordance with
the relevant provisions. In particular, the export proceeds in foreign exchange shall be first injected into an account of foreign
exchange but not directly settled. When any amount is directly paid for import from an account of foreign exchange, no formalities
for payment in foreign exchange for import shall be gone through.
V.
For any formality for payment in foreign exchange for import conducted on the basis of relative customs declaration bills for imported
goods or archival checklists of entry goods, the designated foreign exchange bank shall verify, indicate and conclude the original
e-accounts of the said declaration forms or archival checklists of entry goods on the platform of “E-port”.
VI.
For any economic trade between a bonded logistic park and a foreign entity, all the relative park enterprises shall make statistical
declaration on international receipts and payments in accordance with the relative provisions. For any economic trade between a bonded
logistic park and a non-park area within the territory of China, the relative non-park enterprises need not make any statistical
declaration on international receipts and payments.
VII.
The purchase and payment of foreign exchange under non-trade items as well as the trade on capital account of a park enterprise shall
be conducted in accordance with the relative provisions applied to the regions out of customs surveillance.
The payment of relative expenses under non-trade items in advance or in apportionment to the overseas parent company or any associated
company by a park enterprise, shall be conducted in accordance with the relative provisions in the Notice of the State Administration
of Foreign Exchange on the Administration of Sale and Purchase of Foreign Exchange under Non-trade Items by Multi-national Corporations
(Hui Fa [2004] No. 62).
VIII.
In accordance with the present Notice and other relative provisions, the branch of the State Administration of Foreign Exchange at
the locality of a bonded logistic park shall constitute the detailed rules for carrying out the administration of foreign exchange
in bonded logistic parks under its jurisdiction and shall, within 2 months as of the promulgation day of the present Notice, report
the detailed rules to the State Administration of Foreign Exchange for approval before their implementation. Some detailed rules
on implementation constituted by some branches shall become annulled after the new detailed rules on implementation go into effect.
The Reply of the General Bureau of the State Administration of Foreign Exchange about Pilot Purchase of Foreign Exchange under Non-trade
Items in Shanghai Waigaoqiao Bonded Logistic Park (Hui Zong Fu [2004] No. 21), the Reply of the State Administration of Foreign Exchange
concerning the Measures for the Administration of Pilot Purchase of Foreign Exchange under Non-trade Items by Enterprises in Shanghai
Waigaoqiao Bonded Logistic Park (Hui Zong Fu [2004] No. 57) and the Reply of the State Administration of Foreign Exchange on the
Issue concerning the Verification and Write-off of Foreign Exchange Payment for Goods Purchased from Overseas Companies and Deposited
in Shanghai Waigaoqiao Bonded Logistic Park by Enterprises within the Territory of China (Hui Zong Fu [2004] No. 63) shall become
annulled as of the promulgation day of the present Notice.
IX.
Bonded Logistic Centers shall be governed by the present Notice.
The foreign exchange collection and payment between special customs surveillance areas, such as bonded areas, export processing zones
and bonded logistic parks, and bonded customs surveillance areas, such as bonded logistic centers, bonded warehouses and export supervised
warehouses, shall be conducted in accordance with Article 7 in the Measures for the Administration of Foreign Exchange in Bonded
Areas and Article 31 in the Interim Measures for the Administration of Foreign Exchange in Export Processing Zones. Under trade
items, especially the relative contracts (agreements), invoices, archival checklists of goods or customs declaration as signed and
issued by customs shall be indicated. If the goods belongs to any non-park enterprise within or out of the territory of China, the
warehousing agreement or entrustment agreement signed between the non-park enterprise within or out of the territory of China and
the relative park warehousing enterprise shall be indicated as well.
X.
The present Notice shall go into effect as of the promulgation day. In case anyone or entity violates any provision of the present
Notice, he/it shall be punished as prescribed in the Regulation of the People’s Republic of China on the Administration of Foreign
Exchange.
After receiving the present Notice, all branches and administrative departments are required to transmit it to the sub-branches and
designated foreign exchange banks under their jurisdiction in time. Any problem that occurs in the process of implementation shall
be fed back to the General Bureau of the State Administration of Foreign Exchange.
Contact person: Hu Chunyu, Xu Weigang
Telephone number: 01068402235, 68402238
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