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Article 1. In order to regulate the law enforcement of the foreign exchange administrative law enforcement personnel, to strengthen the administration of law enforcement certificates of the State Administration of Foreign Exchange (SAFE) and its branches, and to promote the administration by law, the present Measures of the State Administration of Foreign Exchange for the Administration of Law Enforcement Certificates have been formulated in accordance with the Law of the People's Republic of China on Administrative Punishment, and the Regulations of the People's Republic of China on Foreign Exchange Control, as well as other relevant laws and regulations. Article 2. Law enforcement certificates of the SAFE are the written certifications that the foreign exchange administrative law enforcement personnel of the SAFE and its branches (hereinafter refereed to as foreign exchange bureaus) must show to prove their legal authority and qualifications etc in the administrative law enforcement such as spot inspections, investigations, verifications, and on-spot punishments etc, including: (1) Inspection certificate: which shall be used in the administrative law enforcement such as foreign exchange inspections, investigations, verifications or on-spot punishments, etc. with respect to the parties suspected of violating foreign exchange administration or the rule-compliance of foreign exchange transactions; (2) International balance report verification certificate (hereinafter referred to as verification certificate): which shall be used in the special foreign exchange administrative law enforcement in the verification of international balance report. Article 3. The holder of a law enforcement certificate must meet the following conditions: (1) Abiding by laws and rules, being impartial and honest, and having good professional ethics; (2) Being familiar with foreign exchange administration and other related laws, regulations, rules, and other regulatory documents; (3) Undertaking foreign exchange inspections or verifications of international balance statistics report; and (4) Passing the annual examination for government employees (clerks). Article 4. The holder of an inspection certificate must be a full-time or part-time inspection personnel in a foreign exchange bureau engaging in foreign exchange inspections. The holder of a verification certificate must be a member of a foreign exchange bureau engaging in the work relating to international balance inspections. The personnel of foreign exchange bureaus may not hold both an inspection certificate and a verification certificate at the same time. Article 5. Law enforcement certificates shall be designed and printed by the SAFE in a unified way, and the department of administration of inspection of the SAFE shall be in charge of the concrete design, printing and issuance of the inspection certificates, and the department of international balance of the SAFE shall be in charge of the concrete design, printing and issuance of the verification certificates. Article 6. Law enforcement certificates shall be issued in a unified way, and be examined and managed on a leveled basis. Law enforcement certificates of the administrative law enforcement personnel of the SAFE shall be respectively examined, issued and managed by the department of administration and inspection and the department of international balance; with regard to the law enforcement certificates of the foreign exchange administrative law enforcement personnel of the SAFE branches at the provincial level, the branches to which the personnel belong shall apply to the SAFE, which shall examine and issue the certificates, and the branches at the provincial level shall be in charge of the management; with regard to the law enforcement certificates of the foreign exchange administrative law enforcement personnel of the branches below the provincial level, the central branches and the sub-branches, the branches and sub-branches to which the personnel belong to shall, step by step according to the jurisdictional hierarchy, apply to the branches at the provincial level to which they are subject to, and the SAFE shall issue the certificates after the branches at the provincial level make the examination, and the branches at the provincial level shall be in charge of the management. Article 7. To apply for a law enforcement certificate, one shall fill in the Application Form for Law Enforcement Certificates of the SAFE, which shall be subject to the approval of the principal of the branch or sub-branch of the place where the applicant is located, and shall bear the official seal. Each branch of the SAFE at the provincial level shall gather the Application Forms for Law Enforcement Certificates of the SAFE issued by itself and the branches and sub-branches under its jurisdiction, and shall submit those forms to the SAFE with the consent of its principal and with the official seal affixed. Article 8. The foreign exchange administrative law enforcement personnel must show their law enforcement certificates in their performance of duties and execution of public affaires, and in the investigations, inspections, verifications or on-spot punishments. Article 9. Where, in law enforcement by foreign exchange bureaus, it is necessary to retain or invite any personnel without the law enforcement certificates to take part in the law enforcement, there must be two personnel with the law enforcement certificates to participate in the enforcement. In the verification of international balance report, at least one of law enforcement personnel shall have a verification certificate. Article 10. The foreign exchange administrative law enforcement personnel must keep their law enforcement certificates appropriately, and may not alter, intentionally damage or destroy, or lend them to others. Those whose certificate is missing shall report to the foreign exchange bureaus to which they belong and to the SAFE step by step according to the jurisdictional hierarchy and without delay, and shall apply for a replacement, the SAFE shall make a public announcement on the Financial Times. Article 11. If any foreign exchange administrative law enforcement personnel leaves his post of foreign exchange law enforcement or is under other circumstances that prevent him from continuing to perform his duties, he shall return his law enforcement certificate to the foreign exchange bureau to which he belongs without delay, otherwise, he shall notify the department of personnel not to process the relevant formalities. The said foreign exchange bureau shall report to the SAFE step by step according to the jurisdictional hierarchy to process the formalities for writing off the law enforcement certificate, and shall return the certificate written off to the SAFE. Article 12. If a foreign exchange administrative law enforcement personnel is in any of the following cases, the foreign exchange bureau to which he belongs to may suspend his law enforcement certificate if the case is proved to be true after investigation; if the circumstances are serious, the said foreign exchange bureau shall, step by step according to the jurisdictional hierarchy, report to and ask the SAFE to write off the law enforcement certificate of that person: (1) Failing or refusing to show the law enforcement certificate in the performance of legal duties or execution of public affairs pursuant to the relevant provisions; (2) Altering, modifying or intentionally damaging or destroying the law enforcement certificate; (3) Lending the law enforcement certificate to others to use; (4) Using the law enforcement certificate when not performing the duties or executing public affairs, and causing bad effects; (5) Incorrectly or inappropriately enforcing the law in violation of laws, regulations, and provisions on foreign exchange administration; or (6) Being unfit for foreign exchange law enforcement for other violations of laws and rules. If circumstances of the violation of this Article by the law enforcement personnel are serious, the foreign exchange bureau to which he belongs shall give him corresponding disciplinary sanctions considering the seriousness of the circumstances. Article 13. The law enforcement personnel of whom the law enforcement certificate has been suspended may not engage in any foreign exchange administrative law enforcement during the suspension, the term of which shall not exceed 6 months. If the law enforcement certificate has been suspended for 3 or more times, it shall be written off. The foreign exchange administrative law enforcement personnel of whom the law enforcement certificate has been written off may not apply for such certificate within 2 years. Article 14. The power to interpret the present Measures shall remain with the SAFE. Article 15. The present Measures shall come into force on October 1, 2002. The Notice on Reissuing the Inspection Certificates of the SAFE promulgated by the SAFE in 1985, the Relevant Provisions on Reissuing the Inspection Certificates to Full-time and Part-time Inspection Personnel promulgated by the SAFE on October 17, 1990, and the Provisions on the Administration of the International Balance Report Verification Certificates of the SAFE promulgated by the SAFE. As well as other relevant provisions that conflict with the present Measures shall be repealed at the same time. |
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