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Penal Provisions for Violation of Exchange Foreign
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1985.04.05
STATE ADMINISTRATION OF FOREIGN EXCHANGE CONTROL
PENAL PROVISIONS FOR VIOLATION OF FOREIGN EXCHANGE CONTROL REGULATIONS
 (Approved  by the State Council on March 25, 1985 and promulgated
by the State Administration of Exchange Control on April 5, 1985)
 @@  Article  1.  These Penal Provisions for Violation of Foreign
Exchange Control Regulations are formulated to implement Articles 31
and 33 of the "Provisional Regulations on Foreign Exchange Control
of the People's Republic of China".
 @@  Article  2.  The  following cases shall be construed as
unlawful acquisition of foreign exchange:
 (1)  Payments  in  Renminbi for imports or other items that should
have been paid  for in foreign exchange, unless an exception was
approved by the State Administration of Exchange Control or its
branch  offices (hereinafter referred to as the "SAEC") or otherwise
decreed by the government;
 (2)  Payments  in  Renminbi by domestic organisations to defray the
expenses in  China  of  the following organisations, enterprises or
persons in return for  reimbursement  in foreign exchange which is
being retained and not sold to the State:
a. Chinese organisations stationed abroad;
b. foreign organisations stationed in China;
c. overseas Chinese enterprises;
d. foreign enterprises;
e. joint enterprises with Chinese and foreign capital; and
f. persons coming to China for a short stay.
 (3)  Payments  in  Renminbi  by Chinese organisations stationed
abroad  to defray  expenses  in China for others in return for
reimbursement in foreign exchange;
 (4)  Payments in Renminbi by foreign organisations in China,overseas
Chinese enterprises,  foreign enterprises, joint enterprises with
Chinese  and foreign  capital  and the personnel thereof to defray
expenses for others in return for reimbursement in foreign exchange or
in other forms of a similar nature;
 (5)  Repayment  in Renminbi by delegations, work groups or members
thereof sent  abroad  or  to the Xianggang (Hong Kong) and Aomen
(Macao) regions for applying the foreign exchange allocated for the
mission to other uses, or for spending it on shopping or likewise
with the foreign exchange they earned from the official mission, unless
approved by the SAEC; and
 (6)  Setting  off  export  proceeds  or  other foreign exchange
earnings by domestic organisations against import costs or other
expenditure.
 ARticle  3.  Penalties for unlawful acquisition of foreign exchange
shall be imposed according to different circumstances as follows:
 (1)  The  unlawfully acquired foreign exchange, if still unused,
must be repatriated within the set time limit and sold to the
State. If the unlawfully  acquired  exchange has been used up, the
offender must repay it either  by  selling to the State Council an
equal amount of foreign exchange or by having the amount deducted
from the foreign exchange quota allotted to him. In cases where the
offender has no foreign exchange for repayment, he is required to pay
a sum in compensation for the difference between the domestic price
and  the  price at which he bought the goods with the unlawfully
acquired foreign exchange; and
 (2) In addition to the penalties listed above, offenders may be fined
a sum equivalent  to  between 10 per cent and 30 per cent of the
amount of the foreign exchange, according to the seriousness of the
offence.
 @@  Article  4.  The  following  cases  shall be construed as
evasion of exchange control:
 (1)  Retention,  spending  or depositing abroad foreign exchange
earnings by domestic  exchange  earnings  in  violation  of  the
"Rules  for  the  Implementation  of  Foreign Exchange Control
Regulations  Relating to Overseas Chinese  Enterprises.  Foreign
Enterprises  and Chinese-Foreign Joint Ventures";
 (2)  Retention  of  overseas deposits by domestic organisations,
overseas Chinese  enterprises, foreign enterprises and Chinese-foreign
joint ventures of the extra foreign exchange they have acquired by
falsely understating the  prices of exports. commissions or by other
means, or by overstating the prices of imports, expenses. commissions,
or by other means;
 (3)  Employing  for business operations or applying to other use the
profits that  should  have  been repatriated according to government
regulations. by Chinese  organisations  stationed  abroad and by
Chinese partners in Chinese-foreign joint ventures based abroad; and
 (4)  Misappropriation  of funds by delegations or work groups and
members thereof  sent abroad or to the Xianggang (Hong Kong) and
Aomen (Macao) regions by deposits abroad or application to other use
of foreign exchange allocated for the official mission or foreign
exchan

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