|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
In order to promote the development of bonded logistic parks and regulate the income and expenses of foreign exchange as well as foreign exchange business, we hereby notify the relevant issues regarding the administration of foreign exchange in bonded logistic parks as follows: I. The administration of foreign exchange in bonded logistic parks shall, unless there is any special provision in the present Circular, be carried out according to the provisions of the Measures for the Administration of Foreign Exchange in Bonded Areas (No. 74 [2002] of the State Administration of Foreign Exchange), as is the general principle. II. The enterprises in bonded logistic parks (hereinafter referred to as the "park enterprises") shall handle 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 referring to the Measures for the Administration of Foreign Exchange in Bonded Areas. The format of the Registration Certificate shall be formulated by referring to the Registration Certificate of Foreign Exchange in Bonded Areas. A park enterprise that is located within a bonded area may handle the formalities for obtaining a Registration Certificate according to the relevant provisions or may adopt the way that the local foreign exchange bureau indicates the enterprise nature on the Registration Certificate of Foreign Exchange in Bonded Areas. A park enterprise shall, when undertaking any foreign exchange business, not only show the relevant effective certificates and commercial instruments as prescribed by the present Circular and other relevant regulations on the administration of foreign exchange but also show its Registration Certificate. III. Where a non-park enterprise within the territory of China purchases any goods within a bonded logistic park, it may pay to the relevant park enterprise, pay directly abroad or pay to any other relevant non-park enterprise that has the right for goods within the territory of China. A non-park enterprise within the territory of China shall, when going through the payment formalities for import, go to the relevant bank upon the strength of effective certificates and commercial instruments according to the relevant provisions on the administration of settlement, sale and payment of foreign exchange. In particular, where any goods belong to a non-park enterprise within or out of the territory of China, the relevant warehousing agreement or entrustment agreement as concluded between the non-park enterprise within or out of the territory of China and the related park warehousing enterprise shall be provided as well. Where a non-park enterprise that has the right for goods within the territory of China receives the foreign exchange as paid by a non-park enterprise within the territory of China mentioned in the preceding paragraph, it shall handle the formalities for verification upon the strength of such certificates as the notice on account entry of foreign exchange or settlement vouchers of foreign exchange according to the relevant provisions. Where a park enterprise concludes any export contract with an overseas enterprise and if the relevant goods are declared by a non-park enterprise to the customs to go across the border, 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 handled according to the provisions of the Reply of the General Bureau of the State Administration of Foreign Exchange on the Issue regarding the Transfer of Foreign Exchange from Enterprises in Bonded Areas to Those in Non-bonded Areas (No. 79 [2004] of the State Administration of Foreign Exchange). IV. Where a park enterprise that has the right to engage in foreign trade declares any imported or exported goods to the customs, it shall go through 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 relevant designated foreign exchange bank to handle the formalities for collection and payment of foreign exchange upon the strength of effective certificates and commercial instruments according to the provisions on the administration of settlement, sale and payment of foreign exchange. In particular, the relevant import declaration form as signed and issued by the customs shall be submitted for the payment for any purchase of foreign exchange. Where a park enterprise declares 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, the formalities for verification shall be handled according to the relevant provisions. In particular, the export proceeds in foreign exchange shall be first injected into an account of foreign exchange instead of being directly settled. Where any amount is directly paid for import from an account of foreign exchange, no formalities for payment in foreign exchange for import is required. V. Where any formalities for payment in foreign exchange for import are handled upon the strength of relevant declaration forms of imported goods or archival checklists of entry goods, the relevant designated foreign exchange bank shall fulfill the relevant verification, indication and conclusion for the original e-accounts of the said declaration forms or archival checklists of entry goods on the platform of "E-port". VI. As to any economic trade between a bonded logistic park and a foreign country, the relevant park enterprises shall, with no exception, make statistical declaration of international revenues and expenditures according to the relevant provisions. As to any economic trade between a bonded logistic park and a non-park area within the Chinese territory, the relevant non-park enterprises need not make any statistical declaration of international revenues and expenditures. 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 handled according to the relevant provisions as applied to the regions not subject to customs surveillance. Where a park enterprise pays to its overseas parent company or any associated company the relevant expenses under non-trade items in advance or in apportionment, it shall be handled according to the relevant provisions of the Circular 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 (No. 62 [2004] of the State Administration of Foreign Exchange). VIII. The branch of the State Administration of Foreign Exchange at the locality of a bonded logistic park shall, according to the present Circular and other relevant provisions, formulate the detailed rules for implementing the administration of foreign exchange in bonded logistic parks within its jurisdiction and shall, within 2 months as of the day when the present Circular is promulgated, report the detailed rules to the State Administration of Foreign Exchange for approval before their implementation. Some detailed rules on implementation as formulated by some branches shall be abolished after the new detailed rules on implementation come into force. The Reply of the General Bureau of the State Administration of Foreign Exchange on Pilot Purchase of Foreign Exchange under Non-trade Items in Shanghai Waigaoqiao Bonded Logistic Park (No. 21 [2004] of the State Administration of Foreign Exchange), the Reply of the State Administration of Foreign Exchange regarding the Measures for the Administration of Pilot Purchase of Foreign Exchange under Non-trade Items by Enterprises in Shanghai Waigaoqiao Bonded Logistic Park (No. 57 [2004] of the State Administration of Foreign Exchange) and the Reply of the State Administration of Foreign Exchange on the Issue regarding the Verification and Write-off of Foreign Exchange Payment for Goods as Purchased from Overseas Companies and Deposited in Shanghai Waigaoqiao Bonded Logistic Park by Enterprises within the Chinese Territory (No. 63 [2004] of the State Administration of Foreign Exchange) shall be abolished as of the day when the present Circular is promulgated. IX. The present Circular shall apply to Bonded Logistic Centers. The collection and payment of foreign exchange 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 handled according to Article 7 of the Measures for the Administration of Foreign Exchange in Bonded Areas and Article 31 of the Interim Measures for the Administration of Foreign Exchange in Export Processing Zones. In particular, under trade items, the relevant contracts (agreements), invoices, archival checklists of goods or declaration forms as signed and issued by customs shall be shown. Where any goods are owned by any non-park enterprise within or out of the territory of China, the warehousing agreement or entrustment agreement as concluded between the non-park enterprise within or out of the territory of China and the relevant park warehousing enterprise shall be provided as well. X. The present Circular shall come into force as of the day of promulgation. Where anyone or entity violates any provisions of the present Circular, he/it shall be subject to the punishment as prescribed by the Regulation of the People's Republic of China on the Administration of Foreign Exchange. When the present Circular is received, all branches and administrative departments are required to forward it to the sub-branches and designated foreign exchange banks within their jurisdiction in a timely manner. Any problem that arises in the process of implementation shall be fed back to the General Bureau of the State Administration of Foreign Exchange. Contact persons: Hu Chunyu, Xu Weigang Telephone number: 010-68402235, 68402238 |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|