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Article 1. In order to regulate the sorting out, handover and punishment of the failures to write off collection and payment of foreign exchange in export and import by the foreign exchange bureaus, to promote the import and export entities to earnestly execute the system of write-off of collection and payment of foreign exchange in export and import, and to raise the rate of reporting for examination of the write-off of payment of foreign exchange in import and the rate of write-off of collection of foreign exchange in export, these Measures are enacted in accordance with the Regulations of the People's Republic of China on Foreign Exchange Administration (hereinafter referred to the Regulations), the Procedures of the SAFE for the Transfer of Cases and other relevant provisions. Article 2. The "collection and payment of foreign exchange in export and import not written off within the prescribed period" used in these Measures include the "payment of foreign exchange in import not written off within the prescribed period" and the "collection of foreign exchange in export not written off within the prescribed period". The "payment of foreign exchange in import not written off within the prescribed period" refers to the payment of foreign exchange for which that the import entity fails to, within 1 month after the clearance of the import goods, go through the formalities for reporting for examination of the write-off of payment of foreign exchange in import; the "collection of foreign exchange in export not written off within the prescribed period" refers to the export for which the export entity fails to, within the prescribed period after the clearance of the export goods, go through the formalities for write-off of collection of foreign exchange. Article 3. With respect to the collection and payment of foreign exchange in export and import for which the write-off hasn't been made within the prescribed period, the write-off departments of foreign exchange bureaus (hereinafter referred to the write-off departments) shall sort them out in a timely manner and urge the import and export entities to make the write-off, where the write-off is not made upon urge, the write-off department shall transfer such a case to the inspection department of the foreign exchange bureau (hereinafter referred to the inspection department) in good time for investigation and punishment. Article 4. The write-off department shall, on the regular basis, sort out the collection and payment of foreign exchange in export and import not written off within the prescribed period, at least once a month, with respect to the import and export entities that haven't made write-off of the transactions in comparatively large number and of comparatively large amount, the write-off departments shall organize the sorting out in good time. After the clearing ends, the write-off department shall make registration and summing up of the clearing information. Article 5. A write-off department shall, within 5 days after the end of a clearing, issue the "Notification on Urge for Write-off" (see Attachment 1) to the import and export entities that haven't made the write-off within the prescribed period. The method for serving the "Notification on Urge for Write-off" may be determined according to the actual situations of the locality, however, records shall be taken for the receipt formalities and for the urge information. The period and number of the urge for write-off may be determined according to the actual situations of the locality, and the urge for write-off shall be accomplished within 90 days from the day of issuance of the "Notification on Urge for Write-off". Article 6. After the work of urge for write-off ends, the write-off department shall transfer to the inspection department for investigation and punishment the cases of failing to write off payment of foreign exchange in import that meet the following conditions: (1) The import entity fails to write off payment of foreign exchange in import upon urge; (2) The import entity fails to explain to the write-off department the reasons for failure to make the write-off with the prescribed period, or the reasons given are not admitted by the write-off department, within 90 days from drawing of the "Notification on Urge for Write-off"; (3) The write-off department is unable to, within the period of clearing and urge, contact with the import entity due to the reason of the latter; and (4) The import entity refuses to draw the "Notification on Urge for Write-off". Article 7. With respect to the following cases of failing to write off payment of foreign exchange in import within the prescribed period, the write-off department shall suspend transfer of the case and only after the situation is made clear shall the case be transferred: (1) The import entity has reported for examination of the arriving goods upon the strength of the hardcopy of customs clearance form for import goods affixed with the customs stamp showing "examination finished", but the "Network Check System of Import and Export Customs Clearance Form" has no electronic information yet for the present time; (2) Where the import entity has lost the customs clearance form, it has filed the written application for postponing the write-off and report for examination with the write-off department by presenting the import contract, import invoices and the certificate for payment of customs duties, and the write-off department has agreed to postpone the write-off and report for examination; (3) The import entity is unable to have the goods arrive for report for examination due to special causes, and the write-off department has agreed to postpone the report for examination. Article 8. After the urge for write-off ends, the write-off department shall transfer the cases of failing to write off the collection of foreign exchange in export within the prescribed period to the inspection departments, except the following cases: (1) Those that meet the conditions and are being dealt with; (2) Those that meet the conditions for future reference and are being dealt with; (3) Where the foreign exchange has been collected but hasn't been written off in time due to technical causes, and the relevant departments are dealing with the case; (4) Where the export entity is unable to write off within the prescribed period, but it has provided the write-off department with explanations and the write-off department has agreed to extend the period. Article 9. When transferring to the inspection department the case of failure to write off the collection or payment of foreign exchange in export or import within the prescribed period, the write-off department shall fill in respectively for the import or export entity the "Registration Form of Transfer of the Case of Failure to Write off the Payment of Foreign Exchange in Import/ Collection of Foreign Exchange in Export within the Prescribed Period" (see Attachment 2), and shall transfer together to the inspection department the following materials: (1) Notification on Urge for Write-off and the relevant records of the urge; (2) List of information about the failure to write off collection and payment of foreign exchange in export and import within the prescribed period; and (3) Relevant original certificates of the write-off. Article 10. After transferring to the inspection department the information about the failure to write off collection and payment of foreign exchange in export and import within the prescribed period, the write-off department shall assist in providing other relevant proofs and information that are needed in the handling of case by the inspection department; where the import or export entity applies for write-off of the transaction that hasn't been written off within the prescribed period and that has been transferred to the inspection department, the write-off department shall make the write-off, and notify the inspection department about such a situation within 2 days after making the write-off. Article 11. The inspection department shall sign for the transferred cases of failure to write off within the prescribed period and make the examination in accordance with the Procedures of the State Administration of Foreign Exchange for the Transfer of Cases, and shall put the case on file within 7 days except: (1) Where the materials transferred are incomplete, the inspection department shall, within 5 days, return them to the write-off department for supplementation; (2) Where the rule-breaking enterprise has been found, upon check with the registration data of the administration for industry and commerce, to be deregistered or be automatically deregistered for failing to make registration within 2 years, the inspection department shall not put the case on file, and shall return the relevant materials to the write-off department; (3) Where the rule-breaking enterprise cannot be found upon on-spot inspection, and it hasn't been deregistered by the administration for industry and commerce, the inspection department shall not put the case on file, but record it down for future reference, and return the relevant materials to the write-off department. Where the rule-breaking enterprise makes the write-off again, the write-off department shall update the relevant information of that enterprise, and transfer the case to the inspection department anew; or (4) Where there are other justified reasons. Article 12. With respect to the cases of failure to write off collection and payment of foreign exchange in export and import within the prescribed period that have been put on file, the inspection department shall examine the relevant materials carefully and analyze the reasons for the failure to write off within the prescribed period, with respect to the cases of failure to write off within the prescribed period in which the amount not written off is relatively large, the offender is unable to provide the relevant evidences, and there is obvious suspicion of evading or cheating for foreign exchange, an broadened investigation shall be made. Article 13. The acts of failing to write off collection and payment of foreign exchange in import and export within the prescribed period shall be punished transaction by transactions. According to Article 27 of the Administrative Punishment Law of the People's Republic of China, the punishment may be mitigated if the rule-breaking circumstances are lenient and the amount of one single rule-breaking transaction is under US$250,000. If the amount of one single rule-breaking transaction is above US$250,000, according to Article 48 of the Regulations of the People's Republic of China on Foreign Exchange Administration, the department of foreign exchange administration shall give the offender a warning, circulate a notice of criticism, confiscate the illegal gains, and impose on it a fine ranging from 500,000 Yuan to 300,000 Yuan concurrently. The criminal liabilities shall be investigated for if a crime has been constituted. The punishment standard for one single transaction is a fine of RMB 1,000 Yuan for each US$5,000 defaulted. The maximum amount of fine for a single transaction of collection or payment of foreign exchange in export or import, for which the write-off hasn't been made within the prescribed period, may not exceed RMB 300,000 Yuan; where the act of failing to write off collection of foreign exchange in export within the prescribed period meets the circumstances provided for by Article 39 of the Implementation Rules for the Measures for the Administration of Write-off of Collection of Foreign Exchange in Export, the maximum amount of fine for a single rule-breaking transaction may not exceed RMB 30,000 Yuan. Article 14. Where the rule-breaking enterprise meets any of the following conditions, a lenient or mitigated punishment may be meted out regarding the circumstances upon written application of the enterprise and upon approval of the examination committee of the case: (1) The sum of foreign exchange collected in export not written off within the prescribed period are dealt with as bad loan upon approval of the finance department at and above the prefecture level; (2) The rule-breaking enterprise has written off the relevant import or export business before the Decision of Administrative Punishment is issued; (3) The rule-breaking enterprise voluntarily mitigate the harmful consequence by remitting in from overseas the sum of foreign exchange equal to the sum it has paid out; or (4) Other circumstances meeting the conditions for lightering or mitigating the punishment provided for by the Administrative Punishment Law of the People's Republic of China. Article 15. After the investigation and punishment of a case of failure to write off collection or payment of foreign exchange in export or import within the prescribed period, the inspection department shall feed back the investigation and punishment to the write-off department in good time. Article 16. The power to enact and interpret these Measures shall remain with SAFE. Article 17. These Measures shall come into force on April 1, 2003. Where any other provisions conflict with the present Measures, the latter shall prevail. Attachments: 1. Registration Form of Transfer of the Cases of Failure to Write off Payment of Foreign Exchange in Import/ Collection of Foreign Exchange in Export within the Prescribed Period (omitted) 2. Notification on Urge for Write-off (omitted) |
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