Chapter IV Declaration of Foreign

Annex:
Operating Rules for the Declaration of Balance of Payments Statistics
through Financial Institutions
Chapter I General Provisions
Article 1 For the purposes of regulating the declaration of balance of payments statistics
through domestic banks and ensuring the timeliness, accuracy, and completeness of the
relevant information on the declaration of balance of payments statistics, these Operating
Rules have been formulated in accordance with the relevant measures for the declaration
of balance of payments statistics.
Article 2 The vouchers used for the declaration of balance of payments statistics through
domestic banks shall include the Declaration Form for Foreign-related Receipts, the
Application Form for Overseas Remittances, and the Advice of Outward
Payments/Acceptances, The SAFE shall be responsible for uniformly formulating and
revising the formats and contents of these forms, and the domestic banks shall print them
on their own after going through the filing formalities according to the requirements of
the relevant provisions for foreign-related receipts and payments vouchers.
The Application Form for Overseas Remittances and the Advice of Outward
Payments/Acceptances are required vouchers for foreign-related payments made by a
payer through a domestic bank and for the accounting of foreign-related payments
through domestic banks.
Article 3 A non-banking institution or individual (hereinafter referred to as a “declarer”)
that has any foreign-related receipts or makes any foreign-related payments through a
domestic bank shall make a declaration of the balance of payments statistics in a timely,
accurate, and complete manner.
A declarer that has any foreign-related receipts shall make a declaration of such receipts
within five workdays (T+5) after the date on which the paying bank makes the payment
(T) or the intermediary foreign exchange settlement bank settles the foreign exchange
(T).
A declarer that makes any foreign-related payment shall declare such payment when
submitting the Application Form for Overseas Remittances or the Advice of Outward
Payments/Acceptances.
An institutional declarer shall, before making a declaration of the balance of payments
statistics for foreign-related receipts and payments, apply for an organizational code or a
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special institutional code according to the relevant provisions, and proceed according to
the relevant provisions of Chapter II of these Operating Rules.
Article 4 A domestic bank shall, in accordance with the relevant provisions of the SAFE
on the standardized code management in information systems, apply for a financial
institutional code and a financial institution identification code to the SAFE or a branch
or sub-branch thereof (hereinafter referred to as the “foreign exchange authority”), and
the foreign exchange authority shall accept the application and grant the codes according
to the relevant provisions. When there are any changes in the information about the
domestic bank, the changes shall be handled according to the processes for modification
of the information for the financial institutional code and financial institutional
identification code.
The foreign exchange authority shall make settings to open or close the
balance-of-payments business in the Online Balance of Payments Declaration System
(foreign exchange authority version) for domestic banks launching the
balance-of-payment business.
Article 5 A domestic bank shall ensure the timeliness, accuracy, and completeness of the
basic information submitted, urge and direct declarers to make declarations, and perform
its duties such as examining and sending the relevant information for the declaration of
the balance of payments statistics.
Article 6 A domestic bank shall, according to the data interface specifications and the
relevant provisions formulated by the SAFE, design and develop an interface program,
and realize the data conversion from its own computer processing system to the Online
Balance-of-Payments Declaration System.
Article 7 Domestic banks and declarers shall properly keep copies of the Declaration
Form for Foreign-related Receipts, the Application Form for Overseas Remittances, and
the Advice of Outward Payments/Acceptances respectively.
The hard-copy Declaration Form for Foreign-related Receipts, Application Form for
Overseas Remittances, and Advice of Outward Payments/Acceptances shall be kept for at
least 24 months, and may be destroyed at the sole discretion of the keeper upon
expiration of this time limit, unless otherwise provided for by the SAFE.
Article 8 A domestic bank shall, in accordance with the relevant provisions on the
verification and writing-off of foreign exchange payments for imports in goods trade,
submit the paper copy of the “copy kept by the foreign exchange authority” of the
Application Form for Overseas Remittances and the Advice of Payments/Acceptances
involving the verification and writing-off of foreign exchange payments for imports in
goods trade to the foreign exchange authority.
Article 9 A domestic bank shall keep confidential the relevant information on the
declarers. When conducting an on-site inspection of a domestic bank or declarer, the
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balance-of-payments each staff members of the foreign exchange authority shall hold and
produce an Inspection Certificate for the Balance-of-Payments Declaration uniformly
formulated and issued by the SAFE, and shall be accompanied by the relevant persons of
the domestic bank or declarer. The domestic bank or declarer shall provide any materials
and conveniences that are necessary for the inspection.
Chapter II Basic Information Form for Entities
Article 10 A domestic bank shall, in accordance with the format and content as set forth
by the SAFE, print a Basic Information Form for Entities, containing two identical sheets
(see the Annex), and provide it for the use of institutional declarers.
Article 11 Any institutional declarer which handles the business of foreign-related
receipts and payments for the first time at any outlet of a domestic bank shall fill out the
Basic Information Form for Entities, and provide the certification documents issued by
the relevant departments of the industry, such as the Organizational Code Certificate or
the Notice Granting a Special Institutional Code, or the Business License. A declarer
which is a foreign-funded enterprise shall also provide the Certificate of Approval of a
Foreign-funded Enterprise.
Article 12 A domestic bank shall check the information entered on the Basic Information
Form for Entities by an institutional declarer against the Organizational Code Certificate
or the Notice Granting a Special Institutional Code, the Business License, the Certificate
of Approval of a Foreign-funded Enterprise, and other certification documents provided
by such an institution, and return them to the declarer for modification if any error is
found; if it is found that the information is entered correctly, the domestic bank shall
process the information by logging on to the Online Balance-of-Payments Declaration
System (bank version) or through its own interface program on the same workday.
1. If the information in the declarer’s Basic Information Form for Entities exists in the
Online Balance of Payments Declaration System (bank version), and the existing
information is displayed as information having passed the inspection by the foreign
exchange authority and corresponds with the key information (including the
organizational code, name of organization, type of economy, industry attributes, country,
whether the enterprise is in a special economic zone, country of the foreign investor, and
location of domicile/business) on the Basic Information Form for Entities filled out by
the declarer, the handling bank shall enter/import the contact person, telephone number,
and fax number of the declarer in to the Online Balance-of-Payments Declaration System
(bank version); if there are any inconsistencies with the key elements, the handling bank
shall enter/import the contact person, telephone number, and fax number of the declarer
in to the Online Balance-of-Payments Declaration System (bank version), and fax or
submit the Basic Information Form for Entities, the Organizational Code Certificate, or
the Notice Granting a Special Institutional Code, Business License, Certificate of
Approval of a Foreign-funded Enterprise, and other certification documents to the foreign
exchange authority in the place where the bank is located, and the bank shall forward the
aforesaid documents to the foreign exchange authority in the place where the
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domicile/business of the declarer is located for modification of the key elements.
2. If the information on the declarer’s Basic Information Form for Entities exists in the
Online Balance-of-Payments Declaration System (bank version), but the existing
information is displayed as information not having been checked by the foreign exchange
authority but corresponds with the key elements on the Basic Information Form for
Entities filled out by the declarer, the handling bank shall enter/import the contact person,
telephone number, and fax number of the declarer in to the Online Balance-of-Payments
Declaration System (bank version); or if there are any inconsistencies with the key
information, the handling bank shall, after verification, enter/import the modified
information on the declarer’s Basic Information Form for Entities in to the Online
Balance-of-Payments Declaration System (bank version).
3. If the information on the declarer’s Basic Information Form for Entities does not exist
in the Online Balance-of-Payments Declaration System (bank version), the handling bank
shall enter/import the information on the Basic Information Form for Entities filled out
by the declarer in to the Online Balance-of-Payments Declaration System (bank version)
on the same workday.
Article 13 An institutional declarer applying to open an online declaration of
foreign-related receipts shall select “Open Online Declaration” under the “Declaration
Method” on the Basic Information Form for Entities. The handling bank shall log on to
the Online Balance-of-Payments Declaration System (bank version) to open the online
declaration for the institution, and shall inform the administrator of the institution of the
user’s name, password, effective date, and other information which is automatically
generated by the system.
The institution may log on to the Online Balance-of-Payments Declaration System
(enterprise version) to change the administrator user password on the next day after the
opening of the online declaration, and can create an operator user to carry out the
business of declaring the balance-of-payments statistics.
The institution may apply to the handling bank to close the online declaration of
foreign-related receipts; the handling bank shall log on to the Online
Balance-of-Payments Declaration System (bank version) to close the online declaration
for the institution and the institution shall make a hard-copy declaration of the
balance-of-payments statistics on the next day after the closing of the online declaration.
Article 14 An institutional declarer for which there is any change in the key information
on the Basic Information Form for Entities shall notify one of its handling banks of the
change in a timely manner, and shall submit the materials as set out in Article 11 of these
Operating Rules.
The handling bank shall check the information on the Basic Information Form for
Entities filled out by the institutional declarer against the Organizational Code Certificate
or the Notice Granting a Special Institutional Code, Business License, Certificate of
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Approval of a Foreign-funded Enterprise, and other certification documents provided by
the declarer, and if, upon checking, it is found that the information entered is correct, the
materials will be faxed or submitted on the same workday to the foreign exchange
authority in the place where the bank is located, which shall forward the said materials to
the foreign exchange authority in the place where the domicile/business of the declarer is
located, and the foreign exchange authority in the place where the domicile/business of
the declarer is located shall make the modifications on the next workday after receipt of
the materials.
Article 15 The foreign exchange authority in the place where the bank is located shall
check the Basic Information Form for Entities against the information in the Online
Balance-of-Payments Declaration System (foreign exchange authority version) on the
same day, and if any errors are found on the Basic Information Form for Entities the
modifications will be entered directly on the Online Balance-of-Payments Declaration
System (foreign exchange authority version).
If the foreign exchange authority finds any key informational errors on the Basic
Information Form for Entities which has already been checked, it shall notify the foreign
exchange authority in the place where the domicile/business of the institutional declarer
is located to make the modification.
Article 16 A domestic bank and a foreign exchange authority shall make timely
modifications to the Online Balance-of-Payments Declaration System for any changes in
the non-key information on a Basic Information Form for Entities.
Article 17 When an institutional declarer needs to terminate the use of the Basic
Information Form for Entities due to a cancellation or change in its organizational code,
the handling bank shall fax or submit the Basic Information Form for Entities, the use of
which needs to be terminated, to the foreign exchange authority in the place where the
bank is located, and select “Termination of the Use of the Basic Information Form for
Entities.” The SAFE branch (including the foreign exchange administrative department)
in the place where the bank is located shall be responsible for gathering the reasons for
the termination and report them to the SAFE. Among the reasons for termination that
must be reported by a SAFE branch, if the place of domicile/business of an institutional
declarer is within the jurisdiction of the SAFE branch, the SAFE shall directly terminate
the use on the Online Balance-of-Payments Declaration System (foreign exchange
authority version); or if the location of the domicile/business of an institutional declarer is
not within the jurisdiction of the SAFE branch, the SAFE shall send the information on
the institution to the SAFE branch in the place where the domicile/business is located for
confirmation, and shall decide whether or not to terminate according to the opinion of the
SAFE branch in the place where the domicile/business of the institution is located.
Article 18 Domestic banks and institutional declarers shall properly and permanently
keep a paper copy of the Basic Information Form for Entities for future reference.
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Chapter III Declaration of Foreign-related Receipts
Article 19 A paying bank shall, before 12:00 noon of the first workday (T+1) after the
date of payment (T) of any foreign-related receipt, input the corresponding basic
information on the foreign-related receipt in the Online Balance-of-Payments Declaration
System (bank version) from its own computer processing system according to the
requirements of the data interface specifications of the SAFE.
An intermediary bank for foreign exchange settlement shall, before 12:00 noon of the
first workday (T+1) after the date of the foreign exchange settlement (T) of any
foreign-related receipt, input the corresponding basic information on the foreign-related
receipt in the Online Balance-of-Payments Declaration System (bank version) from its
own computer processing system according to the requirements of the data interface
specifications of the SAFE.
Article 20 Where an intermediary bank is not making foreign exchange settlement
transfers of the foreign-related receipts in the original currency to a paying
bank/intermediary bank for foreign exchange settlement, it shall transmit the original
information on each receipt to the paying bank/intermediary bank for the foreign
exchange settlement in a timely, accurate, and complete manner, and the original
information should indicate that the receipt is an overseas receipt. The paying
bank/intermediary bank for foreign exchange settlement shall, upon receiving such
receipt, handle the declaration of the foreign-related receipt according to Article 19 of
these Operating Rules.
Article 21 Where any foreign-related receipt is handled by such means as forfaiting,
export bill purchases, or export factoring, the following provisions shall be followed:
Where the forfaiting, export bill purchase, export factoring, or other business has not
been assigned within the territory of China, the domestic bank engaging in the forfaiting,
export bill purchase, export factoring, or other business shall, upon receiving the overseas
receipt, notify the declarer to handle the declaration of the foreign-related receipts.
Where the forfaiting, export bill purchase, export factoring, or other business has been
assigned within the territory of China, the original handling bank shall make a timely
follow-up on the arrival of the overseas receipt; and the domestic assigned bank shall, on
the same day of receiving the overseas receipt, notify in writing the original handling
bank of the date of receipt, currency, amount, and other information. The original
handling bank shall, upon receiving the written notice, generate a declaration number
according to the date of receipt of the written notice, and notify the declarer on the same
workday to make a declaration of a foreign-related receipt.
Article 22 The paper processes for declaration of foreign-related receipts:
1. A paying bank/intermediary bank for foreign exchange settlement shall, on the date of
payment/foreign exchange settlement of any foreign-related receipt, notify the declarer to
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make a declaration of the foreign-related receipt within five workdays (the notice shall
include the declaration number of the foreign-related receipt automatically generated by
the computer processing system of the bank, the day before which the beneficiary shall
complete the declaration of the foreign-related receipt and other relevant information).
2. The declarer shall, within five workdays after the date of payment by the paying bank
or the date of foreign exchange settlement by the intermediary bank for foreign exchange
settlement, fill out a Declaration Form for Foreign-related Receipts for each receipt
according to the instructions on the back of the declaration form and submit it to the
paying bank/intermediary bank for foreign exchange settlement.
3. The paying bank/intermediary bank for foreign exchange settlement shall examine the
Declaration Form for Foreign-related Receipts submitted by the declarer on the same
workday that it receives it, mainly with respect to: 1. whether the declarer has used the
wrong type of voucher; 2. whether the declarer has entered all the information according
to the instructions; and 3. whether the information declared by the declarer is consistent
with the relevant information for a foreign-related receipt.
4. If, upon examination, the paying bank/intermediary bank for foreign exchange
settlement finds any error, it shall, after verification with the declarer on the same
workday, directly modify the original Declaration Form for Foreign-related Receipts and
affix a signature and a seal at the modification, or return the declaration form to the
declarer.
5. The declarer shall, on the same day when the declaration form is returned, confirm
receipt of the declaration form from the paying bank/intermediary bank for foreign
exchange settlement. If any error is found upon verification, it shall modify the original
declaration form, affix a signature and seal to the modification, and timely return the
form to the handling bank; or, if no error is found upon verification, it shall issue a
written statement with the reasons and timely return it together with the original
declaration form to the handling bank.
6. If upon examination a paying bank/intermediary bank for foreign exchange settlement
finds no error, it shall affix its business seal to the “copy kept by the declarer” of the
Declaration Form for Foreign-related Receipts. The “copy kept by bank” shall be kept
by the domestic bank according to the relevant provisions; and the “copy kept by the
declarer” shall be returned to the declarer. The paying bank/intermediary bank for foreign
exchange settlement shall, on the first workday (T+1) after the date of declaration (T) by
the declarer, enter/import the declaration information
in
to the Online
Balance-of-Payments Declaration System (bank version).
Article 23 An institutional declarer may complete a Declaration Form for
Foreign-related Receipts through the Online Balance-of-Payments Declaration System
(enterprise version), and is not required to fill out the paper Declaration Form for
Foreign-related Receipts. A declarer choosing the online declaration mode may still
complete a Declaration Form for Foreign-related Receipts through a paper declaration.
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Article 24 The process for online declarations of foreign-related receipts:
1. For an institutional declarer making an online declaration of foreign-related receipts,
the Online Balance-of-Payments Declaration System (bank version) shall automatically
send the information on its Basic Information Form for Entities and the basic information
on foreign-related receipts to the Online Balance-of-Payments Declaration System
(enterprise version).
2. The institutional declarer of foreign-related receipts shall, within five workdays after
the date of payment by the paying bank or the date of foreign exchange settlement by the
intermediary bank for foreign exchange settlement, complete the declaration of
foreign-related receipts through the Online Balance-of-Payments Declaration System
(enterprise version).
3. The paying bank/intermediary bank for foreign exchange settlement shall, before the
close of business on the next workday, examine the information on the foreign-related
receipts declared on the previous workday. The examination shall mainly cover: 1.
whether the declarer has entered all the information according to the instructions; and 2.
whether the information declared by the declarer is consistent with the relevant
information on the foreign-related receipt.
4. If upon examination no error is found in the declared information, the paying
bank/intermediary bank for foreign exchange settlement shall approve it; if the declared
information fails the examination, the paying bank/intermediary bank for foreign
exchange settlement shall note the reasons in the system and require the declarer to issue
a confirmation. The declarer shall, on the same day, verify the declared information on
the foreign-related receipts that have failed the bank’s examination, and shall modify any
erroneous information, or, if upon verification no errors are found, it shall note the
reasons in the system.
5. If the declarer finds any error with the declared information that is submitted, it shall in
a timely manner modify the erroneous declared information through the Online Balanceof-Payments Declaration System (enterprise version).
Article 25 For a domestic fund transfer through an overseas remittance, the original bank
remitting the funds shall enter the information on the original remitting bank in field 52
of the SWIFT message. A bank that does not use the SWIFT system shall send a message
with reference to the SWIFT format to transmit the information on the original remitting
bank to the domestic beneficiary bank.
Chapter IV Declaration of Foreign-related Payments
Section 1 Foreign-related Payments by Remittance
Article 26 A declarer that makes any foreign-related payment by remittance through a
domestic bank shall fill out and submit an Application Form for Overseas Remittances.
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Article 27 A domestic bank shall examine the Application Form for Overseas
Remittances filled out by the declarer on the same workday that it is received, mainly
with respect to: 1. whether the declarer has used the wrong type of voucher; 2. whether
the declarer has entered all the information according to the instructions; and 3. whether
the information declared is consistent with the relevant information on the foreign-related
remittance.
If upon examination any error is found, the domestic bank shall require the declarer to
make a modification or to fill out another application form. If upon examination no errors
are found, the domestic bank can handle the formalities for foreign-related payments for
the declarer.
Article 28 A domestic bank shall enter the declaration number of the foreign-related
remittance which is automatically generated by its own computer processing system on to
the “form kept by the bank,” the “form kept by the foreign exchange authority,” and the
“form kept by the declarer” of the Application Form for Overseas Remittances, and affix
its seal to the “form kept by the foreign exchange authority” and the “form kept by the
declarer.” The domestic bank shall keep the “form kept by the bank” according to the
relevant provisions; handle the “form kept by the foreign exchange authority” according
to Article 8 of these Operating Rules; and return to the declarer the “form kept by the
declarer.”
Article 29 A domestic bank shall, before 12:00 noon of the first workday (T+1) after the
date of remittance (T), input the corresponding basic information on the foreign-related
remittance in the Online Balance-of-Payments Declaration System (bank version) from
its own computer processing system according to the requirements of the data interface
specifications of the SAFE.
Article 30 A domestic bank shall, on the first workday (T+1) after the date of remittance
(T), upon verification enter/import the correct information declared on the overseas
remittance in to the Online Balance-of-Payments Declaration System (bank version)
Section 2 Foreign-related Payments under Letters of Credit, Letters of Guarantee,
Collection, etc.
Article 31 Where a declarer makes any foreign-related payment in a settlement manner
other than a remittance, such as letters of credit, letters of guarantee, or collection, it shall
use the Advice of Outward Payments/Acceptances.
Article 32 A domestic bank shall, upon receiving the relevant documents from abroad,
enter the information on the received documents on to the Advice of Outward
Payments/Acceptances as required, affix a signature and seal to the first form, the “form
kept by the advising bank/client,” and deliver the corresponding form to the payer.
Article 33 A declarer shall, upon receiving an Advice of Outward Payments/Acceptances,
completely fill out all the pages, affix its seal, and return it to the domestic bank within
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the time limit as prescribed by the domestic bank for handling the formalities for
foreign-related payments.
Article 34 A domestic bank shall examine the Advice of Outward Payments/Acceptances
submitted by a declarer on the same workday as receiving it, mainly with respect to: 1.
whether the declarer has used the wrong type of voucher; 2. whether the declarer has
entered all the information according to the instructions; and 3. whether the information
declared is consistent with the relevant information on the foreign-related payment.
If upon examination any error is found, the domestic bank shall require the declarer to
make a modification or fill out the form again; if upon examination no errors are found,
the domestic bank can handle the formalities for foreign-related payments for the
declarer.
Article 35 A domestic bank shall enter the declaration number of a foreign-related
payment which is automatically generated by its own computer processing system on to
the “form kept by bank,” the “form kept by the foreign exchange authority,” and the
“form kept by the declarer” of the Advice of Outward Payment/Acceptance, and affix its
seal to the “form kept by the foreign exchange authority” and the “form kept by declarer.”
The domestic bank shall keep the “form kept by bank” according to the relevant
provisions; handle the “form kept by the foreign exchange authority” according to Article
8 of these Operating Rules; and return the “form kept by the declarer” to the declarer.
Article 36 A domestic bank shall, before 12:00 noon of the first workday (T+1) after the
date of foreign-related payment (T), input the corresponding basic information on the
foreign-related payment in the Online Balance-of-Payments Declaration System (bank
version) from its own computer processing system according to the requirements of the
data interface specifications of the SAFE.
Article 37 Where a declarer returns an Advice of Outward Payments/Acceptances to a
domestic bank within the time limit as prescribed by the domestic bank, the domestic
bank shall, upon confirmation on the first workday (T+1) after the date of the
foreign-related payment (T), enter/import the correct information declared on the
foreign-related payment in to the Online Balance-of-Payments Declaration System (bank
version)
Article 38 A declarer that fails to return the Advice of Outward Payment/Acceptance to
the bank within the time limit as prescribed by the domestic bank shall make a
declaration within five workdays after the date on which the domestic bank makes
payments according to practice.
Upon confirmation, the domestic bank shall, on the same workday, enter/import the
correct information declared on the foreign-related payment in to the Online Balance-ofPayments Declaration System (bank version).
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Chapter V Modification of the Declaration Data
Article 39 A domestic bank that finds any error in the submitted basic information shall
make a modification in its own computer processing system, and re-import the
information in to the Online Balance-of-Payments Declaration System (bank version).
If the modification of the basic information by a domestic bank involves a change in the
organizational code or ID number of the payer or beneficiary, or in the nature of the
corporate/personal banking, the domestic bank shall delete the original erroneous basic
information, note the reasons for deletion in the system, and submit the basic information
with the new declaration number generated in the system.
If the modification of the basic information by a domestic bank involves the currency or
the amount of any receipt or payment, the domestic bank shall notify the declarer to issue
a new declaration with the original declaration number, or delete the original erroneous
basic information, note the reasons for the deletion in the system, and submit the basic
information with the new declaration number generated by the system.
Article 40 Where any information declared by a paper declaration is erroneous, a
domestic bank shall make a timely modification through the Online Balance-of-Payments
Declaration System (bank version). For declared information that is entered, the domestic
bank shall directly make a modification in the Online Balance-of-Payments Declaration
System (bank version) according to the information declared by the declarer after
modification; or for declared information that is imputed through the interface, the bank
shall make the modification in its own computer processing system according to the
information declared by the declarer after modification, and re-import it in to the Online
Balance of Payments Declaration System (bank version).
Where any information declared online is erroneous, the declarer shall make timely
modification of the information through the Online Balance-of-Payments Declaration
System (enterprise version).
Article 41 For any declared erroneous remittance of a foreign-related receipt or payment
without an actual transaction background, the handling bank shall delete the declaration
data for the erroneous remittance and note the reasons for deletion in the system.
For a refund of any original foreign-related receipt or payment which is paid or received
due to cancellation of the transaction or any other reason, the declarer shall select
“Refund” on the Declaration Form for Foreign-related Receipts or the Application Form
for Overseas Remittances, the nature of the transaction of the refund shall be consistent
with the nature of the transaction of the original foreign-related receipt or payment, and if
there is no corresponding transaction code, the declarer shall enter the code for other
items under the general category of the transaction.
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Chapter VI Handling Failures to Make a Declaration within the Prescribed Time
Limits
Article 42 Where an institutional declarer fails to make a declaration for any
foreign-related receipt within five workdays according to the relevant provisions, if the
circumstances are serious, the SAFE branch in the place where the handling bank is
located shall in writing use the special handling measure of “making no payment without
declaration” against the institutional declarer.
Article 43 For an institutional declarer against which the special handling measure of
“making no payment without declaration” is taken, the handling bank and the declarer
shall proceed according to the following provisions:
1. The handling bank shall urge the institution to first make a supplementary declaration
of each foreign-related receipt which previously was not declared on time and notify it as
to being complete, through a paper declaration, the declaration of new receipts during the
period of the special handling measures taken against it.
2. The declarer shall make a supplementary declaration either through a paper or online
declaration of the foreign-related receipts which previously were not declared on time,
and apply to the SAFE branch to issue a confirmation of a supplementary declaration
after it has fulfilled the obligations for a supplementary declaration.
3. The declarer shall complete, through a paper declaration, the declaration of new
receipts during the period of the special handling measures taken against it. Only after
no errors are found in the declaration upon examination may the handling bank handle
the payment formalities for new foreign-related receipts according to a written
confirmation of the supplementary declaration issued by the SAFE branch which is
provided by the declarer, and shall submit the basic information and the declared
information.
Article 44 If, upon expiry of the period for the special handling measures, the SAFE
branch confirms that the declarer has made a supplementary declaration of the
foreign-related receipts that were not declared on time, it shall lift the special handling
measures against the institution in writing.
Article 45 The SAFE branch shall, based on the declaration conditions within its
jurisdiction, formulate the standards and procedures for execution of the special handling
measures for “making no payment without declaration” against institutional declarers for
foreign-related receipts, and shall file such standards and procedures with the SAFE in
advance.
Chapter VII Responsibilities of the Foreign Exchange Authorities
Article 46 The SAFE shall perform the following responsibilities:
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1. Organizing, administering and directing the declaration of balance of payments
statistics through domestic banks;
2. Checking the data on the declaration of balance of payments statistics through
domestic banks across the country;
3. Establishing and maintaining the basic information forms for the foreign exchange
authorities, tables of financial institution codes, and basic information forms for financial
institutions across the country;
4. Maintaining the basic information forms for entities across the country;
5. Uniformly managing and maintaining system parameters and public code data;
6. Opening/closing the function of the online declaration of receipts upon application of
the head offices of domestic banks;
7. Assessing or evaluating the data quality and work quality of the declaration of balance
of payments statistics of the SAFE branches;
8. Punishing violations of the relevant provisions on the declaration of balance of
payments statistics;
9. Organizing the historical data in the Online Balance of Payments Declaration System
on a regular basis;
10. Analyzing, compiling, and releasing the relevant statistical data; and
11. Other work as arranged by the state;
Article 47 The branches and sub-branches of the SAFE shall perform the following
responsibilities:
1. Managing the routine work for the declaration of balance of payments statistics
through domestic banks within their respective jurisdictions;
2. Checking the data in the declaration of balance of payments statistics within their
respective jurisdictions;
3. Establishing and maintaining the basic information forms for financial institutions
within their respective jurisdictions;
4. Inspecting and modifying the basic information forms for entities within their
respective jurisdictions;
5. Opening/closing the function of online declaration of receipts upon application of the
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bank branch offices within their respective jurisdictions;
6. Assessing the data quality and work quality of the declaration of balance of payments
statistics of the foreign exchange authorities at lower levels and banks and enterprises
within their respective jurisdictions;
7. Formulating the standards and procedures for execution of the special handling
measures for “making no payment without declaration” within their respective
jurisdictions;
8. Punishing violations of the relevant provisions of the declaration of balance of
payments statistics within their respective jurisdictions;
9. Analyzing, compiling, and providing the relevant statistical data within their respective
jurisdictions; and
10. Other work as arranged by the higher-level foreign exchange authorities.
Chapter VIII Supplementary Provisions
Article 48 The terms in these Operating Rules shall have the following meanings:
1. The term “foreign-related receipts and payments” refers to the money received from or
paid abroad by non-banking institutions and individuals through domestic banks, as well
as receipts and payments between domestic residents and domestic non-residents through
domestic banks. Foreign-related receipts and payments shall include foreign exchange
and Renminbi, specifically:
(1) foreign-related receipts and payments handled in such settlement manners as letters of
credit, collections, letters of guarantee, and remittances (telegraphic transfers, mail
transfers, or demand drafts), including foreign-related receipts and payments under bank
cards.
(2) foreign-related receipts and payments upon payment instructions issued by domestic
banks to abroad, and foreign-related receipts and payments upon payment instructions
issued from abroad to domestic banks.
(3) foreign-related receipts and payments for foreign aid through bookkeeping; and
(4) foreign-related receipts and payments relevant to the import and export of
non-monetary gold.
Cross-border receipts and payments for remittance route reasons, cross-border receipts
and payments within a bank and between banks, and deposits and withdrawals of foreign
currency cash (including cash withdrawals abroad) by non-banking institutions and
individuals shall be excluded.
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2. The term “declarer” refers to any non-banking institution or individual handling
foreign-related receipts and payments through domestic banks.
3. The term “domestic bank” refers to a bank which is legally established within the
territory of China and provides the declarers with the relevant foreign-related receipt and
payment services.
4. The term “paying bank” refers to a bank which credits a receipt to the beneficiary’s
account after receiving it
5. The term “intermediary bank of foreign exchange settlement” refers to a bank which
settles a receipt in foreign exchange after receiving it and directly transfers it to the
beneficiary’s account in any other bank
6. The term “intermediary bank not making foreign exchange settlement” refers to a bank
which does not credit a receipt to the beneficiary’s account after receiving it, but transfers
it in the original currency to another bank where the beneficiary has an account.
7. The term “Online Balance of Payments Declaration System” refers to the specialized
electronic system which has been developed by the SAFE in accordance with the
requirements of the “Macroeconomics Systems” of the state and the relevant measures
for the declaration of balance of payments statistics and provided to domestic banks and
declarers to make indirect declarations of balance of payments statistics (hereinafter
referred to as “indirect declarations”), including the foreign exchange authority version,
the bank version, and the enterprise version. The declarers may make indirect
declarations through this system, and the declaration methods shall include paper
declarations and online declarations.
8. The term “paper declaration” refers to a declaration method in which a declarer makes
a declaration by filling out a paper declaration form.
9. The term “online declaration” refers to a declaration method in which an institutional
declarer makes a declaration on the Internet.
10. The term “declaration number” refers to the 22-digit number arranged by a bank
according to the requirements of the SAFE, of which the first to the twelfth digits are the
financial institution identification code (see the specific definition below); the thirteenth
to the eighteenth digits are the value date/interim settlement date of the foreign-related
receipt or the payment date of the foreign-related payment (in the forma of YYMMDD);
and the nineteenth to the twenty-second digits is the business serial number of the bank
on a day which shall not be repeated.
11. The term “financial institution code” refers to a unique four-digit code identifying a
domestic economic organization (financial institution) engaging in financial business, and
the financial institution codes of all branch offices of such financial institutions shall be
consistent with those of the head office (parent company). The financial institution codes
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shall be uniformly arranged and distributed by the SAFE.
12. The term “area code” refers to the administrative division code of the area where the
bank handling the business of foreign-related receipts and payments is located.
13. The term “financial institution identification code” refers to the unique code
identifying the head office (parent company) or any of the branch offices of a financial
institution, and each head office or branch office shall have a unique 12-digit financial
institution identification code.
14. The term “bank’s own computer processing system” shall include all kinds of
business processing systems, accounting systems, accounts processing systems, RMB
systems, etc., of a bank relevant to the information in the indirect declaration of balance
of payments statistics.
15. The term “data interface specifications” refers to the data standards uniformly
formulated by the SAFE and provided to the banks to develop interface programs.
16. The term “basic information” refers to the information which must be gathered from
the bank’s own computer processing system with respect to foreign-related receipts and
payments or domestic receipts and payments necessary for verifications and writing off
of import and export trade.
17. The term “declared information” refers to information other than the specific
verification and writing-off information entered by a declarer on the declaration form.
The declared information may be the information entered by the declarer on to the paper
declaration form or the information entered and submitted to the bank online by a
declarer.
18. The term “specific verification and writing-off information” refers to the information
entered by a verification and writing-off applicant and used only for import and export
verification and writing-off.
Article 49 A domestic bank which handles any foreign-related payment upon
authorization by electronic banking or other means shall follow the principles for the
declaration of balance of payments statistics in these Operating Rules and shall go
through the prior filing formalities with the SAFE.
Article 50 A foreign-related receipt in a personal banking account equivalent to USD
3,000 or less shall be subject to the declaration limit, i.e., the beneficiary is not required
to fill out a Declaration Form for Foreign-related Receipts, but the declaration limit shall
not apply to foreign-related receipts in personal banking accounts involving export trade
proceeds in foreign exchange and under non-resident items.
For the foreign-related receipts subject to the declaration limits, the domestic banks shall
still submit the basic information according to the provisions in these Operating Rules.
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Article 51 The provisions for the declaration of balance of payments statistics for cash
withdrawals from automatic teller machines (ATM) and consumption transactions
through the point of sales system (POS) under bank cards shall be formulated separately,
but the foreign-related receipts and foreign-related payments under bank cards shall be
governed by these Operating Rules.
Article 52 A finance company engaging in centralized receipts and payments of funds
may handle the declaration of the balance of payments statistics through domestic banks
according to these Operating Rules, or may apply to the SAFE to be treated as a domestic
bank to handle the declaration of balance of payments statistics.
Article 53 Violations of these Operating Rules shall be punished by the foreign exchange
authorities in accordance with the Regulations of the People’s Republic of China on
Foreign Exchange Administration and other provisions.
Article 54 Power to interpret these Operating Rules shall remain with the SAFE.
Article 55 These Operating Rules shall come into force as of the date of promulgation.
The Operating Rules for the Declaration of Balance of Payments Statistics through
Financial Institutions (Trial) (Annex 3 to the Huifa No. 57 [2006] Document, Annex 4 to
the Huifa No. 35 [2009] Document, Annex 4 to the Huifa No. 37 [2009] Documents,
Annex 4 to the Huifa No. 43 [2009] Document, and Annex 7 to the Huifa No. 45 [2009]
Document) shall be abolished simultaneously.
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Annex:
Basic Information Form for Entities
Please Select: Create a New Form □ Changes to the Form □
Organization Code
Name and Code of Foreign Investor’s
Country/Region
Code for the Type of Economy
□□□□□□□□-□
□□□□□□
□□□
Country 1:
□□□
Country 2:
□□□
Country 3:
□□□
Country 4:
□□□
Country 5:
□□□
□□□
Code for the Industry Attribute
□□□□
Is the Enterprise in a Special Economic Zone ?
Code of the Relevant Foreign
□□□□□□
Exchange Authority
Yes □ No □
□ Export Processing Zone
Types of □ Bonded Area
□ Diamond Exchange
Enterprises □ Bonded Logistics Center (B-Type) □ Bonded Logistics Park
in Special □ Bonded Port Area
□ Comprehensive Bonded Zone
Economic
□ Cross-border Industrial Zone
□ Bonded Logistics Center (A-Type)
Areas
□ Export Supervised Warehouse
□ Import Bonded Warehouse □ Others
Declaration Method:
Paper Declaration □ (if this is chosen, declaration of balance of payments statistics can only be made by
filling out a paper declaration form at the bank counter)
Open an Online Declaration □ (if this is chosen, declaration of balance of payments statistics can be made
either on the Internet or in paper format at the bank counter)
Close an Online Declaration □ (for customers who have opened an online declaration but want to close it)
Organization
Zip Code
Address
Email Address
Note
Name of Handling Bank
Contact Person
Contact Phone Number
Fax Number
Signature of the Handling Staff of the Organization:
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Bank Signature:
The First Sheet: Sheet Kept by Bank
Name
of
the
Organization
Name and Code of Domicile/ Place of
Business
Name and Code of Resident Country/
Region
Terminate the Use of the Form □
Basic Information Form for Entities
Please Select: Create a New Form □ Change to the Form □
Organization Code
Terminate the Use of the Form □
□□□□□□□□-□
Name of Organization
Name and Code of Foreign Investor’s
Country/Region
Code for the Type of Economy
□□□□□□
□□□
Country 1:
□□□
Country 2:
□□□
Country 3:
□□□
Country 4:
□□□
Country 5:
□□□
□□□
Code for the Industrial
□□□□
Characteristics
Code for the Relevant Foreign
□□□□□□
Exchange Authority
Export Processing Zone
Bonded Logistics Park
□ Diamond Exchange
Comprehensive Bonded Zone
Bonded Logistics Center (A-Type)
Import Bonded Warehouse □ Others
Is the Enterprise in a Special Economic Zone?
Yes □ No □
□
Types of □ Bonded Area
Enterprises □ Bonded Logistics Center (B-Type) □
in Special □ Bonded Port Area
□
Economic
□ Cross-border Industrial Zone
□
Areas
□ Export Supervised Warehouse
□
Declaration Method:
Paper Declaration □ (if this is chosen, declaration of the balance of payments statistics can only be made by
filling out a paper declaration form at the bank counter)
Open an Online Declaration □ (if this is chosen, declaration of balance of payments statistics can be made
either on the Internet or in paper format at the bank counter)
Close an Online Declaration □ (for customers who have opened an online declaration but want to close it)
Organization
Zip Code
Address
Email Address
Note
Name of Handling Bank
Contact Person
Contact Phone Number
Fax Number
Signature of the Handling Staff of the Organization:
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Bank Signature:
The Second Sheet: Sheet Kept by Declarer
Name and Code of Domicile/ Place of
Business
Name and Code of Resident Country/
Region
Instructions for Filling Out the Basic Information Form for Entities
1. Organization Code: Fill in the organization code or the special institution code according to the
Organization Code Certificate promulgated by the General Administration of Quality Supervision,
Inspection, and Quarantine of the P.R.C. or the Notice Granting a Special Institution Code signed and
issued by the foreign exchange authorities.
2. Name of Organization: Write the name according to the Organization Code Certificate
promulgated by the General Administration of Quality Supervision, Inspection, and Quarantine of the
P.R.C. and the Notice Granting a Special Institution Code signed and issued by the foreign exchange
authorities. If the organization is a foreign institution, the form may be completed in English.
3. Domicile/Place of Business: refers to the organization's domicile or place of business as stated on
the Business License issued by the Industrial and Commercial Administration. Non-resident domicile
and place of business refers to the location of the bank where the special institution code has been
issued.
4. Resident Country/Region: refers to the country /region where the organization is registered. Fill in
the name of country/region in Chinese, and its code according to the codes for representation of the
names of countries and regions issued by the General Administration of Quality Supervision,
Inspection, and Quarantine of the P.R.C.
5. Foreign Investor's Country/ Region: refers to the country/region of the foreign investor who holds
more than 10% (incl.) of the total investment in an institution legally established within the territory of
China. Fill in the name of the country/ region in descending order based on the investment ratios, and
state the conditions in the Note column if there are more than 5 investors.
6. Code for the Type of Economy and Code for the Industry Characteristics: Fill in the codes
according to the Classifications and Codes for Economic Categories promulgated by the General
Administration of Quality Supervision, Inspection, and Quarantine of the P.R.C., the Industrial
Classifications for National Economic Activities issued by the National Bureau of Statistics, and the
Data Interface Specifications between the SAFE’s Sub-project of the Macroeconomics System and the
Business System of Banks (Edition 1.0).
7. An Enterprise in a Special Economic Zone: refers to whether or not the enterprise is registered in a
special economic zone. A special economic zone refers to special economic areas such as bonded
areas and export processing zones within the territory of China.
8. Code of the Relevant Foreign Authority: refers to the code of the foreign authority at the place
where the organization is registered. This code is arranged by the State Administration of Foreign
Exchange. Institutional clients shall follow the instructions of the bank business staff to fill in the
code.
9. Declaration Method: A declarer may choose either a paper declaration or an online declaration; if
neither is chosen, the default is a paper declaration.
10. E-mail Address: refers to the email address that is used in daily business communications with the
foreign exchange authorities.
11. Name of Handling Bank: refers to the name of the handling bank where the Basic Information
Form for Entities was created.
12. Organization Address: Fill in the mailing address. If it is a foreign institution, it may be entered in
English.
Instructions for the Basic Information Form for Entities (electronic version)
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1. The bank shall manually enter the information filled out by the declarers or import its client
archive information to the Online Balance of Payments Declaration System (bank version).
2. The bank shall enter the Financial Institution Identification Code of the Name of the Handling
Bank on the Basic Information Form for Entities (electronic edition) and the bank system will
automatically check it.
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