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NOTICE OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON THE FOREIGN EXCHANGE ADMINISTRATION IN CHARTER FLIGHT TRADING
 
(No.94 [2002] of the State Administration of Foreign Exchange promulgated on September 27, 2002, which shall come into force as of October 15, 2002)
     
     
SUBJECT : TRADING; CHARTER FLIGHT TRADING
ISSUING DEPARTMENT : STATE ADMINISTRATION OF FOREIGN EXCHANGE
ISSUE DATE : 09/27/2002
IMPLEMENT DATE : 10/15/2002
LENGTH : 984 words
TEXT :
In order to guide and regulate the charter fight trade, to perfect the relevant foreign exchange administration and to further promote the development of foreign trade of China, the relevant issues are notified as follows:


I. The charter flight trade used in this Notice shall refer to the trading activities of exporting clothing, household electronic appliances, shoes and caps to Russia and other member states of the Commonwealth of Independent States through chartered cargo flights by the enterprises, which undertake chartering of foreign flights upon the approval of the State Administration of Aviation and upon the entrustment of domestic enterprises, public institutions and individuals.


II. For exports in charter flight trade, the entities with the management power of export (hereinafter referred to export entities) shall apply for the verification certificate of export collection in foreign exchange (hereinafter referred to verification certificate) with the branches or sub-branches of the State Administration of Foreign Exchange (hereinafter referred to foreign exchange bureaus) of the places where they are located. The foreign exchange bureaus shall issue the verification certificates to the export entities in accordance with the Procedures on the Administration of the Verification of Export Collection in Foreign Exchange and the Detailed Rules for Implementation thereof.


III. For exports in charter flight trade, an export entity shall go through the formalities for export declaration and presentation of documents pursuant to the provisions, the go through the formalities for verification of export collection in foreign exchange pursuant to the following provisions:

(1) In case of settlement in spot exchange, the export entity shall go through the formalities for verification of export collection in foreign exchange on the basis of the verification certificate, declaration form of export goods, special settlement memo for verification of export collection in foreign exchange or notification for collection, or other valid documents.

(2) In case of settlement in foreign currency banknote or individual remittance, the export entity shall go through the formalities for verification of export collection in foreign exchange on the basis of the verification certificate, declaration form of export goods, purchase invoice, as well as settlement memo of foreign currency banknote or individual inward remittance of other entities or individuals involved in the charter flight trade.

(3) In case of settlement in Renmingbi, the export entity shall go through the formalities for verification of export collection in foreign exchange on the basis of the verification certificate, declaration form of export goods, purchase invoice, as well as declaration form for entry with Renmingbi cash verified by the customs or certificate of Renmingbi inward remittance produced by the bank.


IV. When the foreign exchange bureaus process the verification of export collection in foreign exchange under charter flight trade for the export entities, the commodity name in the declaration form of export goods must be products such as clothing, household electronic appliances, shoes or caps, the export destination must be Russia or other member states of the Commonwealth of Independent States, and the transport method must be air transport.


V. The foreign exchange bureaus shall process the verification of export collection in foreign exchange for the export entities in accordance with the Procedures on the Administration of the Verification of Export Collection in Foreign Exchange and the relevant provisions, and shall assess the export collection in foreign exchange of the export entities pursuant to the provisions.

VI. The foreign exchange bureaus shall inspect and urge the local commercial banks to earnestly carry out the Notice of the People's Bank of China on the Administration of Foreign Currency Banknote (No.376 [2001] Yin-Fa) and the supplementary notice thereof to add new settlement agents for resident individuals nationwide, especially in the marketplaces such as Yabao Road and Xiushui Street of Beijing, Xinji of Hebei, Yiwu of Zhejiang, Shishi and Quanzhou of Fujian, and urge the local commercial banks to earnestly implement the Notice of the People's Bank of China on Adjusting the Policies on the Administration of Foreign Currency Banknote (No.283 [2002] Yin-Fa) to further adjust the purchase and sale prices of foreign currency banknote and appropriately fluctuate the prices within a certain range, and to encourage foreign currency banknote to enter bank settlement channels.


VII. The foreign exchange bureaus shall further strengthen the administration of verification certificates, prohibit lending or trading the verification certificates in violation of the rules, and shall severely crack down illegal foreign exchange trading and regulate the order of foreign exchange market in collaboration with the bodies of public security and industry and commerce administration.


VIII. The foreign exchange bureaus shall report to the local governments the relevant information about charter flight trade and the policies on foreign exchange administration, strengthen the coordination and cooperation with the relevant bodies of foreign trade, customs, taxation and finance, and establish a joint regulatory and management mechanism. At the meanwhile, the foreign exchange bureaus shall take advantage of various media such as newspaper, television, broadcasting, and hold forums and training classes to propaganda the policies on foreign exchange administration towards the enterprises and the relevant personnel engaging in charter flight trade.


IX. The foreign exchange bureaus shall make separate statistics of exports in charter flight and the collection in foreign exchange thereof. The branches shall, within 10 workdays after each month, submit the "Statistics Form of Verification of Export Collection in Foreign Exchange in Charter Flight Trade" (see the attachment) to the Department of Current Account.


X. Those violating this Notice shall be punished by the foreign exchange bureaus according to the Regulations of the People's Republic of China on Foreign Exchange Administration and other relevant provisions on foreign exchange administration.


XI. This Notice shall be implemented from October 15, 2002. Matters not covered by this Notice shall be subject to the relevant provisions on foreign exchange administration, if any previous provisions conflict with this Notice, the latter shall prevail.



Attachment: Statistics Form of Verification of Export Collection in Foreign Exchange in Charter Flight Trade (omitted)
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