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审批个人外汇申请施行细则附英文失效

来源: 时间:2018-10-25 18:26:44

审批个人外汇申请施行细则(附英文)(失效)

审批个人外汇申请施行细则(附英文) 1981年12月31日,国家外管局 一、为贯彻执行《中华人民共和国外汇管理暂行条例》第十九条的规定,特制定本细则。 二、本细则所称个人,系指居住在中国境内的中国人、外国侨民和无国籍人(以下简称个人)。 三、允许个人申请外汇的项目,包括:对境外的临时性汇出汇款;出境旅杂费外汇;华侨投资、存款的调出;移居出境者款项的调出等。 四、个人在境外的直系亲属发生特殊情况(如重病、死亡、意外灾难等),经提供本人单位证明和直系亲属所在地的有关证明,申请临时性外汇,可以酌情批给。 五、对经公安部门批准出境,已办妥前往国家有效入境签证的个人(中国人须取得公安部门“出境回执”),可以供给自我国出境口岸到前往目的地按捷径路线所需的旅杂费外汇。 对持单程出境签证护照离境的个人,除批给旅杂费外汇外,其余按下列规定办理:(一)境内机构按规定发给的退休费、退职生活费、离职补助费、抚恤金,经本人工作单位证明,上一级主管部门核准,并经中国银行审核同意,可准予全部汇出。(二)没有退休费、退职生活费、离职补助费和抚恤金的个人,可视具体情况,酌情供汇。 对批准双程出入境签证的个人,申请汇出退休费、退职生活费、离职补助费、抚恤金的,不予供汇。 六、经公安部门批准出境的个人,收到从境外汇入作为出境时旅杂费之用的外汇,在银行付款前声明要求保留原币的,可以保留,准予在出境时汇出或者携出。 七、境外华侨、港澳同胞以外汇投资于国家或者地方华侨投资公司,其所得的到期股金和股息,按照章程规定,以外汇偿付的,由投资公司支付,可准予汇出;以人民币偿付的,不予供汇。 八、境外华侨、港澳同胞以本人名义存在我国境内银行的华侨人民币存款,如申请汇出,可酌情批给外汇。 九、经公安部门批准全家移居出境的个人,离境时委托我国境内银行保管的华侨人民币存款,按照存款章程规定,不准汇出;存款人如因经济困难申请汇出,经提供证明,可酌情批给外汇。 十、上述各项外汇申清,应当向所在地外汇管理分局或者授权的中国银行提出,经审查同意后,准予汇出或者携出。 十一、本细则由国家外汇管理总局发布施行。(附英文) RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OFAPPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE Important Notice: (注意事项) 英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版). 当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.This English document is coming from the "LAWS AND REGULATIONS OF THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the ChinaLegal System Publishing case of discrepancy, the original version in Chinese shall prevail. Whole Document (法规)RULES FOR THE IMPLEMENTATION OF THE EXAMINATION AND APPROVAL OFAPPLICATIONS BY INDIVIDUALS FOR FOREIGN EXCHANGE(Approved by the State Council on December 31, 1981, promulgatedby the State Administration of Foreign Exchange Control on December 31,1981)Article 1These Rules are formulated in order to implement the provisions of Article19 of the Interim Regulations on Foreign Exchange Control of the People'sRepublic of ticle 2The "individuals" mentioned in these Rules refers to Chinese, foreignnationals or stateless persons residing in China (hereinafter referred toas "individuals").Article 3The items for which individuals may apply for foreign exchange include:incidental remittances to be remitted abroad; travelling and miscellaneousexpenses needed when leaving China; the transfer abroad of investmentfunds and bank deposits of overseas Chinese; and the transfer abroad offunds belonging to persons leaving China and emigrating ticle 4In special circumstances (such as serious illness, death or unexpectedmishaps) involving an individual's lineal relative abroad, the individualmay apply for foreign exchange for incidental use, by presenting acertificate issued by his unit and a pertinent certificate issued by thelocality where his relative resides, and the application may be approvedaccording to the ticle 5An individual who has been given permission to leave China by the publicsecurity organ, and who has obtained a valid entry visa for the country ofdestination (in the case of a Chinese individual, an "exit receipt" mustbe obtained from the public security organ), may be provided with foreignexchange for travelling and miscellaneous expenses needed for the trip viathe shortest route from the port of departure from China to hisdestination. With respect to an individual who is leaving the country witha single-journey exit visa on his passport, in addition to being providedwith foreign exchange for travelling and miscellaneous expenses, his otherrequirements for foreign exchange shall be dealt with according to thefollowing provisions:(1) Any retirement pay, severance pay, subsidies for leave of absence fromwork or pensions for the disabled and for survivors that he has receivedfrom organizations within territory in accordance with relevant provisionsmay be permitted to be remitted abroad in tote, provided that he hasobtained the certificate of his unit, the verification of the competentdepartment at next higher level, and the approval of the Bank of Chinaafter 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 andfor survivors, may be provided with foreign exchange according to theactual circumstances. Foreign exchange shall not be provided for anindividual who has been granted a double-journey exit-entry visa and whohas applied for permission to remit abroad his retirement pay, severancepay, subsidies for leave of absence from work or pensions for the disabledand for ticle 6If an individual who has been granted permission to leave China by thepublic security organ has received foreign exchange remitted from abroadfor use as his travelling and miscellaneous expenses when he leaves Chinaand has made a request to retain the original currency before the bankeffects payment to him, he may retain the money in the original currencyand is permitted to remit or carry it abroad at the time he leaves ticle 7When oveaseas Chinese residing abroad and Hong Kong and Macao compatriotshave invested foreign exchange in national or local overseas Chineseinvestment corporations, they may be permitted to remit abroad the sharecapital that falls due and dividends that they receive in foreignexchange, if, according to the corporations' articles of association,these are to be paid by the investment corporations as such; foreignexchange shall not be provided if the payments are to be made in ticle 8When overseas Chinese residing abroad or Hong Kong and Macao compatriotsapply for remitting abroad the money that they have deposited in their ownnames in an Overseas Chinese Renminbi Savings Account in banks withinChina, they may be provided with foreign exchange upon approval accordingto the ticle 9When an individual's entire family have been given permission by thepublic security organ to emigrate abroad, he shall not be permitted, inaccordance with the deposit regulations, to remit abroad the money in hisOverseas Chinese Renminbi Savings Account, which he entrusts to a bank inChina for safekeeping at the time he leaves the country; if, compelled byeconomic difficulties, the depositor applies for permission to remit hisdeposits abroad, he may, on the evidence he submits, be provided withforeign exchange upon approval according to the ticle 10All types of applications for foreign exchange mentioned above shall befiled with the local branch office of the State Administration of ForeignExchange Control or with the Bank of China authorized to handle suchmatters; after examination and approval, such foreign exchange may beremitted or carried ticle 11These Rules shall be promulgated and put into effect by the StateAdministration of Foreign Exchange Control.