People's Bank of China Ministry of Finance Ministry of Commerce General Administration of Customs State Administration of Taxation China Banking Regulatory Commission Announcement [2009] No. 10 The People's Bank of China, the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, and the China Banking Regulatory Commission jointly formulated the cross-border The Measures for the Administration of the Trade Renminbi Settlement Pilot will be announced and implemented.
The People's Bank of China Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, the China Banking Regulatory Commission, the July 1, 2009 pilot measures for the cross-border trade settlement of RMB, the first article to promote trade facilitation and ensure the smooth implementation of cross-border trade settlement of RMB Conduct, standardize the behavior of pilot enterprises and commercial banks, and guard against related business risks. These measures are formulated in accordance with the laws and administrative regulations of the People's Bank of China Law of the People's Republic of China.
Article 2 The State allows designated and conditional enterprises to conduct cross-border trade settlement in RMB on a voluntary basis, and supports commercial banks to provide cross-border trade RMB settlement services for enterprises.
Article 3 These Measures are applicable to the approval of the RMB settlement of cross-border trade in the pilot areas by the State Council.
Article 4 The provincial people's government of the pilot area shall be responsible for coordinating the pilot projects recommended by the relevant local authorities for the settlement of cross-border trade in RMB, and shall be reviewed by the People's Bank of China in conjunction with the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, the China Banking Regulatory Commission and other relevant departments. Finalize the list of pilot companies. When recommending pilot enterprises, it is necessary to verify the true identity of the pilot enterprises and their legal representatives, ensure that the pilot enterprises register the real-name system, and comply with the regulations on cross-border trade RMB settlement. If the pilot enterprise violates relevant state regulations, it shall be punished according to law and its pilot qualifications shall be cancelled.
Article 5 The People's Bank of China may, in accordance with the needs of macroeconomic regulation and control and prevention of systemic risks, conduct a total amount of regulation on the cross-border trade settlement of RMB.
Article 6 The import and export trade between the pilot enterprises and overseas enterprises settled in RMB may be through the RMB business clearing bank in Hong Kong and Macao for cross-border settlement and liquidation of RMB funds, or through the commercial banks of domestic commercial banks to conduct RMB funds through overseas commercial banks. Cross-border settlement and clearing.
Article 7 Commercial banks that have joined the People's Bank of China, the Hong Kong Monetary Authority, and the Macao Monetary Authority, have joined the People's Bank of China's large-value payment system and conducted the Hong Kong and Macao RMB clearing business, and can serve as the Hong Kong and Macau RMB clearing bank to provide cross-border trade in RMB. Settlement and clearing services.
Article 8 Commercial banks with international settlement business capabilities in the pilot areas (hereinafter referred to as domestic settlement banks), which comply with the relevant provisions on cross-border trade RMB settlement, can provide cross-border trade RMB settlement services for pilot enterprises.
Article 9 A commercial bank (hereinafter referred to as a domestic correspondent bank) with international settlement business capability in the pilot area may sign a RMB agency settlement agreement with a cross-border trade RMB settlement overseas participating bank (hereinafter referred to as an overseas participating bank) to open RMB Inter-bank current accounts, agents participating in overseas banks to conduct RMB payments for cross-border trade. The domestic correspondent bank shall report the RMB agency settlement agreement and the RMB inter-bank current account to the local branch of the People's Bank of China for the record.
Article 10 A domestic correspondent bank may set a minimum fund requirement for an account opened by an overseas participating bank, and may provide a fund-forwarding service for overseas participating banks.
Article 11 Domestic correspondent banks may purchase and sell RMB within the limits as required by overseas participating banks. The purchase and sale quota shall be determined by the People's Bank of China.
Article 12 A domestic correspondent bank may provide RMB account financing for overseas participating banks that have a RMB inter-bank current account to meet the temporary needs of the account position. The financing amount and time limit shall be determined by the People's Bank of China.
Article 13 The Hong Kong and Macao renminbi clearing bank may, in accordance with the relevant regulations of the People's Bank of China, convert RMB and borrowing funds from the domestic inter-bank foreign exchange market and the inter-bank interbank borrowing market, and convert the RMB and the borrowing limit and the time limit to be determined by the People's Bank of China.
Article 14 The domestic settlement bank may gradually provide RMB trade financing services in accordance with relevant regulations.
Article 15 The cross-border income and expenditure of RMB shall have a real and legal transaction basis. The domestic settlement bank shall, in accordance with the regulations of the People's Bank of China, conduct a reasonable review of the authenticity of the transaction documents and their consistency with the RMB revenue and expenditure.
Article 16 Domestic settlement banks and domestic correspondent banks shall, in accordance with the relevant provisions of anti-money laundering and counter-terrorism financing, take effective measures to understand the customers and their trading purposes and the nature of the transactions, and understand the natural beneficiaries who actually control the customers and the actual beneficiaries of the transactions. Keep customer identification data and transaction records to ensure that it is sufficient to reproduce the specifics of each transaction.
Article 17 Export trades settled in RMB shall enjoy the tax refund (exemption) policy for export goods in accordance with relevant regulations. The administrative measures for tax refund (exemption) of specific export goods shall be formulated by the taxation department of the State Council.
Article 18 The cross-border trade settlement of RMB for pilot enterprises shall not be included in the management of foreign exchange write-offs. It is not necessary to provide foreign exchange verification forms when handling customs declaration and export tax rebate (exemption). The domestic settlement bank and the domestic correspondent bank shall, in accordance with the requirements of the taxation department, provide the taxation department with data and information on the RMB settlement of the cross-border trade of the pilot enterprise according to law.
Article 19 Pilot enterprises shall ensure the authenticity of trade in cross-border trade settlement of RMB, and shall establish a cross-border trade RMB settlement ledger to accurately record import and export declaration information and RMB fund collection and payment information.
Article 20 For the balance of payments transactions under the RMB settlement of cross-border trade, the pilot enterprises and the domestic settlement banks shall report the balance of payments statistics in accordance with relevant regulations. When a domestic agent bank handles the purchase and sale of RMB business, it shall conduct the purchase and sale of RMB statistics in accordance with the regulations.
Article 21 The Renminbi liabilities of non-residents involved in cross-border trade shall be temporarily registered in accordance with the relevant provisions on the monitoring of foreign debt statistics.
Article 22 The People's Bank of China shall establish a cross-border RMB payment and payment information management system to collect and maintain long-term preservation of various types of information related to the cross-border trade settlement of RMB by the pilot enterprises, matching the daily total amount, and collecting cross-border RMB. Pay for statistics, analysis, and monitoring. The domestic settlement bank and the domestic correspondent bank shall access the RMB cross-border collection and payment information management system and submit the RMB cross-border payment and payment information according to the relevant requirements of the People's Bank of China.
Article 23: 210 days after the export of the goods, if the pilot enterprise has not recovered the RMB payment from the territory, it shall submit the goods to the RMB cross-border payment and payment information management system through its domestic settlement bank within 5 working days. The amount of the unpaid purchase price and the corresponding export declaration number, and provide relevant information to its domestic settlement bank.
If the pilot enterprise intends to deposit the export RMB income abroad, it shall file with the local branch of the People's Bank of China through its domestic settlement bank, and submit the amount of RMB funds, bank accounts, account numbers, and deposits to the RMB cross-border collection and payment information management system. Use and corresponding export declaration number and other information.
Pilot enterprises should choose a domestic settlement bank as the main reporting bank for RMB settlement of cross-border trade. The main reporting bank of the pilot enterprise is responsible for prompting the pilot enterprise to fulfill the above information reporting and filing obligations.
Article 24 The People's Bank of China shall inspect and supervise the settlement of cross-border trade RMB settlement business by domestic settlement banks, domestic correspondent banks and pilot enterprises. If it is found that the domestic settlement bank, domestic agent bank, and pilot enterprise violate the relevant regulations, they shall be punished according to law.
The information on violations of laws and regulations concerning the settlement of cross-border trade in RMB by pilot enterprises shall be accurately, completely and timely entered into the basic database of corporate credit information of the People's Bank of China, and shared with customs, taxation and other departments.
Article 25 The People's Bank of China and the Hong Kong and Macao RMB Clearing Bank shall, in consultation with the Hong Kong and Macao RMB Clearing House, revise the “Clearing Agreement on RMB Businessâ€, and clarify the relevant contents of the RMB clearing bank of Hong Kong and Macao to provide RMB settlement and clearing services for cross-border trade.
The People's Bank of China may sign a memorandum of cooperation with the Hong Kong Monetary Authority and the Monetary Authority of Macao to supervise the settlement and clearing of cross-border trade in Hong Kong and Macao's RMB clearing bank within their respective functions and responsibilities.
Article 26 The People's Bank of China and the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, the China Banking Regulatory Commission, the Foreign Exchange Bureau and other relevant departments shall establish necessary information sharing and management mechanisms, and strengthen post-inspection efforts to form cross-border trade. Effective supervision of the RMB settlement pilot work.
Article 27 These Measures shall come into force as of the date of promulgation.
The People's Bank of China Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, the China Banking Regulatory Commission, the July 1, 2009 pilot measures for the cross-border trade settlement of RMB, the first article to promote trade facilitation and ensure the smooth implementation of cross-border trade settlement of RMB Conduct, standardize the behavior of pilot enterprises and commercial banks, and guard against related business risks. These measures are formulated in accordance with the laws and administrative regulations of the People's Bank of China Law of the People's Republic of China.
Article 2 The State allows designated and conditional enterprises to conduct cross-border trade settlement in RMB on a voluntary basis, and supports commercial banks to provide cross-border trade RMB settlement services for enterprises.
Article 3 These Measures are applicable to the approval of the RMB settlement of cross-border trade in the pilot areas by the State Council.
Article 4 The provincial people's government of the pilot area shall be responsible for coordinating the pilot projects recommended by the relevant local authorities for the settlement of cross-border trade in RMB, and shall be reviewed by the People's Bank of China in conjunction with the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, the China Banking Regulatory Commission and other relevant departments. Finalize the list of pilot companies. When recommending pilot enterprises, it is necessary to verify the true identity of the pilot enterprises and their legal representatives, ensure that the pilot enterprises register the real-name system, and comply with the regulations on cross-border trade RMB settlement. If the pilot enterprise violates relevant state regulations, it shall be punished according to law and its pilot qualifications shall be cancelled.
Article 5 The People's Bank of China may, in accordance with the needs of macroeconomic regulation and control and prevention of systemic risks, conduct a total amount of regulation on the cross-border trade settlement of RMB.
Article 6 The import and export trade between the pilot enterprises and overseas enterprises settled in RMB may be through the RMB business clearing bank in Hong Kong and Macao for cross-border settlement and liquidation of RMB funds, or through the commercial banks of domestic commercial banks to conduct RMB funds through overseas commercial banks. Cross-border settlement and clearing.
Article 7 Commercial banks that have joined the People's Bank of China, the Hong Kong Monetary Authority, and the Macao Monetary Authority, have joined the People's Bank of China's large-value payment system and conducted the Hong Kong and Macao RMB clearing business, and can serve as the Hong Kong and Macau RMB clearing bank to provide cross-border trade in RMB. Settlement and clearing services.
Article 8 Commercial banks with international settlement business capabilities in the pilot areas (hereinafter referred to as domestic settlement banks), which comply with the relevant provisions on cross-border trade RMB settlement, can provide cross-border trade RMB settlement services for pilot enterprises.
Article 9 A commercial bank (hereinafter referred to as a domestic correspondent bank) with international settlement business capability in the pilot area may sign a RMB agency settlement agreement with a cross-border trade RMB settlement overseas participating bank (hereinafter referred to as an overseas participating bank) to open RMB Inter-bank current accounts, agents participating in overseas banks to conduct RMB payments for cross-border trade. The domestic correspondent bank shall report the RMB agency settlement agreement and the RMB inter-bank current account to the local branch of the People's Bank of China for the record.
Article 10 A domestic correspondent bank may set a minimum fund requirement for an account opened by an overseas participating bank, and may provide a fund-forwarding service for overseas participating banks.
Article 11 Domestic correspondent banks may purchase and sell RMB within the limits as required by overseas participating banks. The purchase and sale quota shall be determined by the People's Bank of China.
Article 12 A domestic correspondent bank may provide RMB account financing for overseas participating banks that have a RMB inter-bank current account to meet the temporary needs of the account position. The financing amount and time limit shall be determined by the People's Bank of China.
Article 13 The Hong Kong and Macao renminbi clearing bank may, in accordance with the relevant regulations of the People's Bank of China, convert RMB and borrowing funds from the domestic inter-bank foreign exchange market and the inter-bank interbank borrowing market, and convert the RMB and the borrowing limit and the time limit to be determined by the People's Bank of China.
Article 14 The domestic settlement bank may gradually provide RMB trade financing services in accordance with relevant regulations.
Article 15 The cross-border income and expenditure of RMB shall have a real and legal transaction basis. The domestic settlement bank shall, in accordance with the regulations of the People's Bank of China, conduct a reasonable review of the authenticity of the transaction documents and their consistency with the RMB revenue and expenditure.
Article 16 Domestic settlement banks and domestic correspondent banks shall, in accordance with the relevant provisions of anti-money laundering and counter-terrorism financing, take effective measures to understand the customers and their trading purposes and the nature of the transactions, and understand the natural beneficiaries who actually control the customers and the actual beneficiaries of the transactions. Keep customer identification data and transaction records to ensure that it is sufficient to reproduce the specifics of each transaction.
Article 17 Export trades settled in RMB shall enjoy the tax refund (exemption) policy for export goods in accordance with relevant regulations. The administrative measures for tax refund (exemption) of specific export goods shall be formulated by the taxation department of the State Council.
Article 18 The cross-border trade settlement of RMB for pilot enterprises shall not be included in the management of foreign exchange write-offs. It is not necessary to provide foreign exchange verification forms when handling customs declaration and export tax rebate (exemption). The domestic settlement bank and the domestic correspondent bank shall, in accordance with the requirements of the taxation department, provide the taxation department with data and information on the RMB settlement of the cross-border trade of the pilot enterprise according to law.
Article 19 Pilot enterprises shall ensure the authenticity of trade in cross-border trade settlement of RMB, and shall establish a cross-border trade RMB settlement ledger to accurately record import and export declaration information and RMB fund collection and payment information.
Article 20 For the balance of payments transactions under the RMB settlement of cross-border trade, the pilot enterprises and the domestic settlement banks shall report the balance of payments statistics in accordance with relevant regulations. When a domestic agent bank handles the purchase and sale of RMB business, it shall conduct the purchase and sale of RMB statistics in accordance with the regulations.
Article 21 The Renminbi liabilities of non-residents involved in cross-border trade shall be temporarily registered in accordance with the relevant provisions on the monitoring of foreign debt statistics.
Article 22 The People's Bank of China shall establish a cross-border RMB payment and payment information management system to collect and maintain long-term preservation of various types of information related to the cross-border trade settlement of RMB by the pilot enterprises, matching the daily total amount, and collecting cross-border RMB. Pay for statistics, analysis, and monitoring. The domestic settlement bank and the domestic correspondent bank shall access the RMB cross-border collection and payment information management system and submit the RMB cross-border payment and payment information according to the relevant requirements of the People's Bank of China.
Article 23: 210 days after the export of the goods, if the pilot enterprise has not recovered the RMB payment from the territory, it shall submit the goods to the RMB cross-border payment and payment information management system through its domestic settlement bank within 5 working days. The amount of the unpaid purchase price and the corresponding export declaration number, and provide relevant information to its domestic settlement bank.
If the pilot enterprise intends to deposit the export RMB income abroad, it shall file with the local branch of the People's Bank of China through its domestic settlement bank, and submit the amount of RMB funds, bank accounts, account numbers, and deposits to the RMB cross-border collection and payment information management system. Use and corresponding export declaration number and other information.
Pilot enterprises should choose a domestic settlement bank as the main reporting bank for RMB settlement of cross-border trade. The main reporting bank of the pilot enterprise is responsible for prompting the pilot enterprise to fulfill the above information reporting and filing obligations.
Article 24 The People's Bank of China shall inspect and supervise the settlement of cross-border trade RMB settlement business by domestic settlement banks, domestic correspondent banks and pilot enterprises. If it is found that the domestic settlement bank, domestic agent bank, and pilot enterprise violate the relevant regulations, they shall be punished according to law.
The information on violations of laws and regulations concerning the settlement of cross-border trade in RMB by pilot enterprises shall be accurately, completely and timely entered into the basic database of corporate credit information of the People's Bank of China, and shared with customs, taxation and other departments.
Article 25 The People's Bank of China and the Hong Kong and Macao RMB Clearing Bank shall, in consultation with the Hong Kong and Macao RMB Clearing House, revise the “Clearing Agreement on RMB Businessâ€, and clarify the relevant contents of the RMB clearing bank of Hong Kong and Macao to provide RMB settlement and clearing services for cross-border trade.
The People's Bank of China may sign a memorandum of cooperation with the Hong Kong Monetary Authority and the Monetary Authority of Macao to supervise the settlement and clearing of cross-border trade in Hong Kong and Macao's RMB clearing bank within their respective functions and responsibilities.
Article 26 The People's Bank of China and the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, the State Administration of Taxation, the China Banking Regulatory Commission, the Foreign Exchange Bureau and other relevant departments shall establish necessary information sharing and management mechanisms, and strengthen post-inspection efforts to form cross-border trade. Effective supervision of the RMB settlement pilot work.
Article 27 These Measures shall come into force as of the date of promulgation.
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