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RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OFAPPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE

RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OFAPPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE Important Notice: This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OF APPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE (Approved by the State Council on December 31, 1981, promulgated by the State Administration of Foreign Exchange Control on December 31, 1981) Article 1 These Rules are formulated in order to implement the provisions of Article 19 of the Interim Regulations on Foreign Exchange Control of the People's Republic of China.

Article 2 The "individuals" mentioned in these Rules refers to Chinese, foreign nationals or stateless persons residing in China (hereinafter referred to as "individuals").

Article 3 The items for which individuals may apply for foreign exchange include: incidental remittances to be remitted abroad; travelling and miscellaneous expenses needed when leaving China; the transfer abroad of investment funds and bank deposits of overseas Chinese; and the transfer abroad of funds belonging to persons leaving China and emigrating abroad.

Article 4 In special circumstances (such as serious illness, death or unexpected mishaps) involving an individual's lineal relative abroad, the individual may apply for foreign exchange for incidental use, by presenting a certificate issued by his unit and a pertinent certificate issued by the locality where his relative resides, and the application may be approved according to the circumstances.

Article 5 An individual who has been given permission to leave China by the public security organ, and who has obtained a valid entry visa for the country of destination (in the case of a Chinese individual, an "exit receipt" must be obtained from the public security organ), may be provided with foreign exchange for travelling and miscellaneous expenses needed for the trip via the shortest route from the port of departure from China to his destination. With respect to an individual who is leaving the country with a single-journey exit visa on his passport, in addition to being provided with foreign exchange for travelling and miscellaneous expenses, his other requirements for foreign exchange shall be dealt with according to the following provisions: (1) Any retirement pay, severance pay, subsidies for leave of absence from work or pensions for the disabled and for survivors that he has received from organizations within territory in accordance with relevant provisions may be permitted to be remitted abroad in tote, provided that he has obtained the certificate of his unit, the verification of the competent department at next higher level, and the approval of the Bank of China after examination.

(2) An individual, who does not enjoy any retirement pay, severance pay, subsidies for leave of absence from work or pensions for the disabled and for survivors, may be provided with foreign exchange according to the actual circumstances. Foreign exchange shall not be provided for an individual who has been granted a double-journey exit-entry visa and who has applied for permission to remit abroad his retirement pay, severance pay, subsidies for leave of absence from work or pensions for the disabled and for survivors.

Article 6 If an individual who has been granted permission to leave China by the public security organ has received foreign exchange remitted from abroad for use as his travelling and miscellaneous expenses when he leaves China and has made a request to retain the original currency before the bank effects payment to him, he may retain the money in the original currency and is permitted to remit or carry it abroad at the time he leaves China.

Article 7 When oveaseas Chinese residing abroad and Hong Kong and Macao compatriots have invested foreign exchange in national or local overseas Chinese investment corporations, they may be permitted to remit abroad the share capital that falls due and dividends that they receive in foreign exchange, if, according to the corporations' articles of association, these are to be paid by the investment corporations as such; foreign exchange shall not be provided if the payments are to be made in Renminbi.

Article 8 When overseas Chinese residing abroad or Hong Kong and Macao compatriots apply for remitting abroad the money that they have deposited in their own names in an Overseas Chinese Renminbi Savings Account in banks within China, they may be provided with foreign exchange upon approval according to the circumstances.

Article 9 When an individual's entire family have been given permission by the public security organ to emigrate abroad, he shall not be permitted, in accordance with the deposit regulations, to remit abroad the money in his Overseas Chinese Renminbi Savings Account, which he entrusts to a bank in China for safekeeping at the time he leaves the country; if, compelled by economic difficulties, the depositor applies for permission to remit his deposits abroad, he may, on the evidence he submits, be provided with foreign exchange upon approval according to the circumstances.

Article 10 All types of applications for foreign exchange mentioned above shall be filed with the local branch office of the State Administration of Foreign Exchange Control or with the Bank of China authorized to handle such matters; after examination and approval, such foreign exchange may be remitted or carried abroad.

Article 11 These Rules shall be promulgated and put into effect by the State Administration of Foreign Exchange Control.


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