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Title of Statute:
Notice of the State Administration of Foreign Exchange on Issues Concerning the Administration of Foreign Exchange Donated To or By Domestic Institutions (China, 2010)
Region:
Level of Government
Comments:
Effective 1 March 2010
Text of the Statute:
Translated by Orange King at Beijing Yirenping Center.
In order to
improve the administration of donated foreign exchange and facilitate the
donated foreign exchange receipts and payments, according to the Regulation of the People's Republic of China
on Foreign Exchange Administration and other relevant provisions, we hereby
notify you of the issues concerning the administration of foreign exchange
donated to or by domestic institutions as follows:
1. The term "donation" as mentioned in this Notice
refers to the gratuitous endowment and aid of legal foreign exchange funds
between domestic institutions and overseas institutions or overseas
individuals.
2. The receipts and payments of foreign exchange
donated to or by domestic institutions shall comply with the laws and
regulations and other relevant administrative provisions of China and shall not
go against social morality or damage public interests and the legitimate rights
and interests of other citizens.
3. The
receipts and payments of foreign exchange of domestic institutions shall be
transacted through a donated foreign exchange account, which shall be set up at
the designated foreign exchange banks ("Banks") and incorporated into the
foreign exchange account management system by the Banks.
Except as
herein provided, the opening, use, altering and closure of the donated foreign
exchange account shall be dealt with in accordance with the regulations on
foreign exchange accounts under current account. The scope of receipts include
donated foreign exchange from overseas and foreign exchange funds for the
purpose of overseas donation(purchased or allocated from foreign exchange
accounts under current account in the same name). The scope of payments include
payments stipulated in the donation agreement and other donation payments.
The scope of receipts and payments of
donated foreign exchange accounts of the representative offices within China of
overseas non-governmental organizations include donated foreign exchange appropriated
from their headquarter as well as the legitimate expenses of those
organizations.
Where the donations occur between
domestic enterprises and overseas for-profit institutions or overseas individuals,
the opening, use, altering and closure of domestic enterprises's donated
foreign exchange accounts shall be dealt with in accordance with the regulations on foreign exchange accounts under current
account.
4. Domestic
institutions shall present correlative documents as stipulated in this Notice
for the examination and approval of the Banks to proceed the receipts and
payments of foreign exchange donations.
5. Where the
donations occur between domestic enterprises and overseas non-profit
organizations, the domestic enterprises shall present the following documents
so as to proceed in the Banks:
1) an
Application(in which the domestic enterprises shall truthfully promise that the
donation is not against national prohibitive regulation, that the transaction
has, in accordance with relevant laws and regulations, been examined and filed
in record, that the overseas institution is a non-profit institution, that the
domestic enterprise shall strictly follow the agreement in making use of the
donation and bear the legal responsibility thus caused. For the format of the
Application, see Attachment I);
2) a copy of
its business license;
3) a notarized
donation agreement with the purpose of donation prescribed;
4) a
certificate of registration of the overseas non-profit organization (with its
Chinese translation attached);
5) Where the
above materials fail to sufficiently establish the authenticity of the
transaction, other materials required;
The donation
between domestic enterprises and overseas for-profit institutions or
individuals shall be dealt with in accordance with the regulations on
cross-border investment and external credit or debt.
6. Where the
donation is made to or by state organs at or above the county level and certain
organizations that, according to relevant regulation provisions, do not have to
register or are exempt from registration, they shall present the Application to
proceed foreign exchange receipts and payments at the Banks. (For the list of
such organizations, see Attachment II.)
7. The
representative office established by the overseas non-governmental organization
within China shall present the Application and the donation agreement between
its headquarter and the Chinese Beneficiary so as to handle the entry of the donated foreign exchange.
8. Other
domestic institutions not listed in Article 5, 6 or 7 of this Notice shall
present the following documents so as to proceed the receipts and payments of
donated foreign exchange:
(1) An Application(in which the
domestic institution shall truthfully promise that the donation is not against
national prohibitive regulation, that the transaction has, in accordance with
relevant laws and regulations, been examined and filed in record, that the
domestic institution shall strictly follow the agreement in making use of the
donation and bear the legal responsibility thus caused.)
(2) a copy of the certificate of
registration issued by relevant
administrative departments
(3) A donation agreement with the
purpose of donation prescribed
Where religious groups on the national
level accept a donation of foreign exchange equivalent to or above 1 million
yuan RMB, they shall also present the approval of accepting the donation issued
by the State Administration for Religious Affairs. Where local religious groups
and sites for religious activities such
as temples, monasteries, mosques and churches accept a donation of foreign
exchange equivalent to or above 1 million yuan RMB, they shall also present the
approval of accepting the donation issued by its Provincial People's
Government.
9. Where
domestic institutions make a donation to overseas, they shall, in addition to
the correlative documents stipulated in this Notice, submit as in accordance
with relevant regulation provisions the Tax
Certificate for Foreign Payments under Trade in Services, Benefits, Current
Transfer and Some Capital Items.
10. In processing the receipts and
payments of donated foreign exchange for domestic institutions, the Banks shall
examine the documents submitted according to relevant regulation provisions and
report to local SAFE departments suspicious and unusual cases in a timely
manner.
The Banks shall indicate on its
examination and approval the date and amount of the transaction with its
official chop for business. All correlative documents shall be kept for five
years for future reference.
11. The SAFE departments shall in
accordance with relevant laws and regulations supervise and administer the
receipts and payments of donated foreign exchange . They shall further enhance
off-site supervision of the donations.
12. Violations of this Notice and
correlative foreign exchange administrative regulations shall be punished in
accordance with Regulation of the People's Republic of China on Foreign Exchange
Administration and other
relevant regulations.
13. This Notice shall enter into force as of March 1,
2010. In case of any contradiction with previous regulations, this Notice shall
prevail.
On receiving this Notice, all branches of the SAFE
shall transmit it promptly to the sub-branches, city commercial banks, rural commercial
banks and foreign-funded banks under their jurisdiction. All Chinese-funded
Banks shall promptly forward the Notice to their branches. Any problem
encountered during the implementation shall be fed back to the SAFE in a timely
manner.
Attachment I Application for Receipts
and Payments of Foreign Exchange Donation by Domestic Enterprises
Attachment II List of Certain
Organizations Exempt from Registration According to the Ministry of Civil
Affairs
December 25, 2009
Attachment I.
Application
for Receipts and Payments of Foreign Exchange Donation by Domestic Enterprises
Bank ：
The Enterprise hereby applies to receive/pay donated foreign
exchange in the amount of , mainly for the
purpose of .
The Enterprise
solemnly promises, that the receipt/payment of the donated foreign exchange is
not against relevant national prohibitive regulations, that the transaction
has, in accordance with relevant laws and regulations, been examined and filed
in record, that the overseas institution is a non-profit institution. The Enterprise shall
strictly follow the donation agreement in making use of the donation and bear
the legal responsibility thus caused.
Contact Person: Contact Phone Number:
The Enterprise: (With
its Official Chop/Seal)
Date: Year Month Day
Attachment II
List of
Certain Organizations Exempt from Registration According to the Ministry of
Civil Affairs
1.
Organization
that took part in the Chinese People's Political Consultative Conference:
All-China Federation of Trade
Unions、China
Communist Youth League、All-China Women Federation、China Association for
Science and Technology、 All-China Federation
of Returned Overseas Chinese、All-China Federation of Taiwan Compatriots。All-China Youth Federation、All-China Federation of Industry and Commerce。
2.
Organizations
that are exempt from registration according to the State Council:
China Federation of Literary and Art
Circles、China Writers
Association、All-China Journalists' Association、Chinese People's Association for
Friendship with Foreign Countries、Chinese People's Institute of Foreign Affairs、China Council for the
Promotion of International Trade、China Disabled
Persons' Federation、China
Soong Ching Ling Foundation、China Law Society、Red Cross Society of China、China Society for the Study of Ideological and Political Work among Workers and Staff、Western Returned Scholars
Association、Huangpu
Military Academy Fellow-Student Association、National
Association of Vocational Education of China。
3. Eleven Artists' Associations under China Federation of Literary and Art
Circle: Chinese Theatre Association、China Film Association、Chinese Musicians Association、China Artists Association、Chinese Ballad Singers Association、China Dancers Association、Chinese Folk Literature and Art Society、China Photographers Association、China Calligraphers Association、China Acrobats Association、China Television Artists Association。
4. All Provincial, Autonomous Regional, and Municipal-level Federations of Literary and Art Circle and Writers
Associations
