中国人民银行关于简化跨境人民币业务流程和完善有关政策的通知People's Bank of China on the simplification of cross-border RMB business processesAnd improve relevant policies noticeChina PBOC Shanghai headquarters, branches, business management department, the provincial capital (capital) city center branch, sub-provincial city center branch, the National Development Bank, the policy banks, state-owned commercial banks, joint-stock commercial banks, China Postal Savings Bank:To further improve the efficiency of cross-border RMB settlement, convenient banking financial institutions (hereinafter referred to as banks) and businesses to use the RMB cross-border settlement, is now on simplifying cross-border renminbi business processes and improve relevant policies and other matters are notified as follows:I, on the regular cross-border RMB settlement business under(A) Domestic banks can 'know your customer', 'know your business,' 'due diligence' on the basis of three principles, with companies (export goods trade, the RMB settlement business enterprises within the list of key regulatory exception) submitted business cross-border RMB settlement certificate or << / receive payment instructions >> directly for cross-border settlement.(Two) companies often under the RMB settlement to be automatically recorded, and its handling of domestic banks can be accounted for, and then to verify the authenticity of the relevant trade.(Three) to encourage domestic banks to carry out cross-border RMB trade finance business. Domestic banks can carry out cross-border RMB trade finance cross-border transfer of business assets.(Four) export goods trade, the RMB settlement business key regulatory list of enterprises for cross-border RMB settlement under regular business, domestic banks should << People's Bank of China Ministry of Commerce Office of the General Office of the Ministry of Finance Customs Office State Administration of Taxation, China Banking Regulatory Commission Office of the General Office of export goods trade inRMB clearing business letter a list of key regulatory >> (Silver Letter Office (2012) 381) established the principle of strict audit the authenticity of conducting business. People's Bank branches may be registered in the region's exports of goods trade, the RMB settlement business key regulatory lists sent to the bank's internal use within the jurisdiction.Second, on the bank card account cross-border RMB clearing business(A) bank card account transactions RMB cross-border interbank clearing operations should be established in the territory of RMB business qualification with a bank card clearing organization (hereinafter referred to as domestic bank card clearing agencies), through offshore RMB Clearing Bank or domestic agent banking channels handle.(Two) in use outside the territory of bank cards issued by banks or withdraw cash in RMB account after consumption, domestic issuing bank shall be RMB clearing organizations and domestic bank card clearing, clearing organizations within the bank card in RMB or foreign currency and foreign acquirers liquidated.(Three) in the territory of using bank cards issued by foreign banks RMB account of consumption or extraction RMB cash, the domestic acquirers be denominated and domestic settlement bank card clearing agencies, domestic bank card settlement in RMB and foreign institutions should issuing bank liquidated.(Four) bank card account cross border RMB settlement of cross-border RMB business involves the payment information from the territory of the bank card clearing organization through its territory to the RMB cross-border settlement bank unified information management system for payment submitted.(Five) Cross-border RMB clearing bank card business according to the above provisions, People's Bank of China announcement (2003) Article No. 16, People's Bank of China announcement (2004) Article No. 8, << China People's Bank of China on the mainland Bank and Hong Kong and Macau bank for personal RMB business issues related to notice >> (YF (2004) 254) the third, fourth, seventeen on the liquidation of personal RMB bank cards with the relevant provisions are not executed.Third, on the territory of non-financial institutions RMB offshore lending business(A) Domestic non-bank financial institution may apply to the domestic offshore RMB settlement business lending. Equity relationship with a parent or ultimate holding by the same and by the exercise of a member institution regional headquarters or domestic investment management functions non-financial institutions can the use of RMB funds pool mode to domestic banks for lending outside the pool of funds to carry out RMB settlement business.(Two) Domestic banks should carefully examine the domestic non-financial institutions RMB offshore lending operations submitted application materials, its handling of cross-border RMB settlement business.(Three) to conduct RMB business in domestic and offshore lending by non-financial institutions should follow << RMB bank settlement account management approach >> (Chinese People's Bank of China Decree (2003) No. 5 release) and other bank settlement account management regulations apply to domestic banks to open Li yuan special deposit accounts specifically for renminbi offshore lending.(Four) domestic non-financial institutions to offshore lending interest rate, term and use from both lenders and borrowers in accordance with commercial principles, within reasonable limits negotiated.(Five) RMB offshore renminbi lending loans must be approved by special deposit accounts denominated in Renminbi recovery and return shall not exceed the amount of principal and interest on loans, domestic income, fees and other reasonable income.(Six) Banks should conscientiously fulfill the duties of the information submitted, timely and accurate information to the management system for RMB cross-border payment submitted RMB cross-border payment information, cross-border credit financing business and other relevant information. Guarantee that involve cross-border RMB business, need to submit the RMB cross-border warranty.Fourth, on the territory of non-financial institutions to issue renminbi bonds offshore (A) Domestic non-financial institutions, according to << RMB bank settlement account management approach >> (Chinese People's Bank of China Decree (2003) No. 5 release) and other bank settlement account management regulations apply todomestic banks to open RMB special deposit accounts, devoted to the storage from abroad by the People's Bank agreed to issue bonds to raise funds to import this account deposit rate published by the People's Bank deposit interest rate execution, funds should be strictly in accordance with the bond prospectus used within the agreed scope of use shall not be moved for other purposes.(Two) involving RMB RMB bonds issued overseas import or debt service, domestic banks should be timely and accurate information to the management system for RMB cross-border payment submitted RMB cross-border payment information that involve cross-border RMB guarantee business, need to submit the RMB cross-border warranty.Fifth, the domestic non-financial institutions can follow the << Property Law >>, << >>, etc. Guarantee Law of the PRC law, provide external yuan guarantee. Domestic non-financial institutions RMB performance when using external security, real domestic banks audits after its handling of Renminbi, RMB cross-border payment information and to submit the relevant information management systems. performing funds may also be used by domestic non-financial institutions to retain its offshore renminbi funds directly.Six, domestic agent bank for RMB accounts overseas participating banks to extend financing to one year, account shall not exceed the financing domestic agent bank balance of RMB deposits 3% of the previous year.Seven, overseas participating banks in the domestic agent bank to open RMB current accounts with banks abroad and overseas participating banks to open RMB business in RMB clearing bank between accounts, transfer of funds resulting from the settlement needs to be carried out. Various offshore RMB business clearing line Domestic RMB clearing accounts opened between the transfer of funds resulting from the settlement can be required.Eight, the People's Bank branches to take advantage of RMB cross-border payment information management system, good information monitoring and analysis, regular banks and enterprises to carry out cross-border renminbi business situation-site inspection and supervision according to law, and in accordance with the actual needs on-site inspection and risk prevention. discovery bank violates the relevant provisions should require banks rectification.Nine of the notice from the date of promulgation. Inconsistent with the relevantprovisions of this notice, to this notice shall prevail. Please PBOC deputy provincial city center branch offices above will be forwarded to this notice within the jurisdiction of the People's Bank branches, Foreign banks and local corporate financial institutions.Problems encountered during the implementation, please report Monetary Policy Division II.People's Bank of ChinaJuly 5, 2013。
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